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KELLY v. STATE

No. 52S02-8906-CR-433.

539 N.E.2d 25 (1989)

Jerry W. KELLY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 1, 1989.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, M.E. Tuke, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant Kelly was convicted on two counts and received consecutive eight (8) and (4) year sentences. The first was for operating while intoxicated, resulting in death, I.C. 9-11-2-2 and I.C. 9-11-2-5, the other for operating while intoxicated causing injury, I.C. 9-11-2-4. The Court of Appeals, Second District, affirmed the former and reversed the latter in an opinion appearing as Kelly v. State (1988), Ind. App., 527 N...

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