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STATE v. MESSENGER

No. 49A05-9312-CR-472.

650 N.E.2d 702 (1995)

STATE of Indiana, Appellant-Plaintiff, v. Shawn MESSENGER, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

April 28, 1995.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen. of Indiana and Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellant.

D. Michael Bowman and Michael A. Ksenak, Bowman & Ksenak, Indianapolis, for appellee.

OPINION

RUCKER, Judge.

The State of Indiana charged Shawn Messenger with Operating a Vehicle while Intoxicated,1 and Operating a Vehicle with ten hundredths percent or more by weight of alcohol in his blood.2 Both charges were filed as Class D felonies because Messenger had been previously convicted of OWI.3 On motion by Messenger, the trial court dismissed the enhanced...

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