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STATE v. COSTAS

No. 64S00-8705-CV-494.

552 N.E.2d 459 (1990)

STATE of Indiana, Appellant (Petitioner below), v. William COSTAS, Appellee (Respondent below).

Supreme Court of Indiana.

April 9, 1990.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Lee Cloyd, Deputy Atty. Gen., Indianapolis, for appellant.

Jonathan R. O'Hara, Valparaiso, for appellee.

DICKSON, Justice.

The defendant, William Costas, a resident of Porter County, was charged with a Class C infraction under Ind. Code § 13-1-1-9 for failure to have his automobile emissions tested pursuant to 325 IAC 13-1.1. The trial court granted the defendant's motion to dismiss, finding the statute unconstitutional as applied. In this direct appeal pursuant to Ind.Appellate Rule 4(A)(8), the State's enumeration of claimed errors includes the contention that...

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