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PEARSON v. STATE

No. 29A02-9303-CR-103.

619 N.E.2d 590 (1993)

Edward L. PEARSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

August 26, 1993.

Attorney(s) appearing for the Case

Robert C. Becker, Richards, Boje & Pickering, Noblesville, for appellant-defendant.

Pamela Carter, Atty. Gen. of Indiana and Preson W. Black, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BAKER, Judge.

Defendant-appellant Edward L. Pearson's sole argument on appeal is that his counsel was ineffective because he failed to file a motion for discharge pursuant to Ind.Crim.Rule 4(C). We agree and reverse his convictions for Public Intoxication, a Class B misdemeanor, and Operating a Motor Vehicle While Intoxicated with a Prior Conviction, a Class D felony.1

DISCUSSION AND DECISION

To prevail on an ineffective...

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