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BARAN v. STATE

No. 49S05-9409-CR-828.

639 N.E.2d 642 (1994)

James S. BARAN, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

September 1, 1994.

Attorney(s) appearing for the Case

J.J. Paul, III Ober, Symmes, Cardwell, Voyles & Zahn, Indianapolis, for appellant, James S. Baran.

Pamela Carter, Atty. Gen., Julie Zandstra Frazee, Deputy Atty. Gen., Indianapolis, for appellee, State of Ind.

ON PETITION TRANSFER

SULLIVAN, Justice.

Following a bench trial, James S. Baran was convicted of operating a vehicle with .10%, or more by weight of alcohol in the blood, a class C misdemeanor.1 Baran was sentenced to 60 days; the sentence was suspended. Baran was found not guilty of driving while intoxicated.2

A majority of the Court of Appeals' Fifth District reversed the conviction on the...

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