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FREEMAN v. STATE

No. 02S03-9511-CR-1307.

658 N.E.2d 68 (1995)

Todd E. FREEMAN, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

November 22, 1995.

Attorney(s) appearing for the Case

Gregory L. Fumarolo, Fort Wayne, for Appellant.

Pamela Carter, Attorney General of Indiana, Louis E. Ransdell, Deputy Attorney General, Indianapolis, for Appellee.

SHEPARD, Chief Justice.

Appellant Todd E. Freeman was convicted of operating a vehicle while intoxicated. His offense normally would have been a class A misdemeanor, but the trial court enhanced it to a class D felony based on his prior similar convictions. The court enhanced his sentence a second time after adjudging him a habitual substance offender. He claims this was error. We agree.

I. Statement of Facts

In December 1989 the police arrested...

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