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STATE v. SMITH

No. 11A01-9308-CR-262.

638 N.E.2d 1353 (1994)

STATE of Indiana, Appellant-Plaintiff, v. Dennis K. SMITH, Appellee-Defendant.

Court of Appeals of Indiana, First District.

Rehearing Denied December 9, 1994.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Preston Black, Deputy Atty. Gen., Indianapolis, for appellant.

John A. Kesler, Sr., Kesler & Kesler, Terre Haute, for appellee.

ROBERTSON, Judge.

The State of Indiana brings this appeal, under Ind. Code 35-38-4-2(5), asserting the trial court erred in granting Dennis K. Smith's motion to suppress evidence that he had operated his vehicle while intoxicated. We reverse.

FACTS

The facts in the light most favorable to the trial court's determination reveal that on December 11, 1992, at approximately 11:00 p.m., Indiana State Police Officer Daniel Jones heard a dispatch broadcast...

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