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LIVINGSTON v. STATE

No. 53A01-8901-CR-10.

537 N.E.2d 75 (1989)

Timothy M. LIVINGSTON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

May 4, 1989.

Attorney(s) appearing for the Case

K. Edwin Applegate, Applegate Law Offices, Bloomington, for defendant-appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellant, Timothy M. Livingston (Livingston), appeals from his conviction in the Monroe Superior Court for operating a vehicle with a .10% or greater blood alcohol content, a Class D felony under IND. CODE 9-11-2-3.

We affirm in part and reverse in part.

STATEMENT OF THE FACTS

On September 17, 1987, at approximately 10:20 p.m., Livingston was stopped by an Indiana State Police Officer...

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