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CHILCUTT v. STATE

No. 25A03-8811-CR-363.

544 N.E.2d 856 (1989)

Richard A. CHILCUTT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

October 16, 1989.

Attorney(s) appearing for the Case

Patrick J. Roberts, Roberts & Associates, Peru, for appellant.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Defendant-appellant Richard A. Chilcutt appeals his trial court conviction for operating a vehicle with a .10%, or more, blood alcohol level. IND. CODE § 9-11-2-1 (1988 Ed.). Defendant's conviction was enhanced to a Class D felony under IND. CODE § 9-11-2-3 (1988 Ed.).

The facts relevant to this appeal disclose that on July 7, 1987, EMTs and Officer Jolley were dispatched to the scene of...

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