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SULLIVAN v. STATE

No. 53A01-8708-CR-204.

517 N.E.2d 1251 (1988)

Terry SULLIVAN, Appellant, (Defendant below), v. STATE of Indiana, Appellee, (Plaintiff below).

Court of Appeals of Indiana, First District.

January 21, 1988.

Attorney(s) appearing for the Case

Patrick M. Schrems, Deputy Public Defender, Bloomington, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Judge.

Terry Sullivan appeals his conviction of operating a vehicle with a blood-alcohol content of ten-hundredths percent or more, a class D felony.1 We affirm the conviction as a class C misdemeanor but reverse the conviction's enhancement to a class D felony.

Sullivan raised essentially three issues for review, but because of our disposition on the sufficiency question...

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