HANCOCK v. STATE

No. 34A02-9808-CR-657.

720 N.E.2d 1241 (1999)

Randall A. HANCOCK, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Granted February 22, 2000.


Attorney(s) appearing for the Case

Matthew J. Elkin, Deputy Public Defender, Kokomo, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, James B. Martin, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.


OPINION

FRIEDLANDER, Judge

Randall A. Hancock appeals his conviction of Operating a Vehicle With at Least Ten-Hundredths Percent of Alcohol by Weight in Grams in Two Hundred Ten Liters of Breath,1 a class C misdemeanor. We address sua sponte the following dispositive issue:

Did the trial court err in convicting Hancock under Ind.Code Ann. § 9-30-5-1(a)(2)?

We reverse.

The facts favorable to the...

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