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JOHNSON v. STATE

No. 64A03-8909-CR-377.

553 N.E.2d 187 (1990)

Edwin Russell JOHNSON, III, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

April 26, 1990.

Attorney(s) appearing for the Case

G. Anthony Bertig, Law Offices of James V. Tsoutsouris, Valparaiso, for appellant.

Linley E. Pearson, Atty. Gen., Wendy Stone Messer, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Presiding Judge.

Defendant-appellant Edwin Russell Johnson, III, appeals his conviction of operating a vehicle with a blood alcohol content of.10% or more while having a prior driving while intoxicated in violation of IND. CODE § 9-11-2-3 (1988 Ed.), a Class D felony.

The facts relevant to this appeal disclose that on August 16, 1988, defendant was arrested and charged with driving while intoxicated and driving while intoxicated with a previous...

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