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SMITH v. STATE

No. 07A01-0007-CR-245.

751 N.E.2d 280 (2001)

Reid R. SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 13, 2001.

Attorney(s) appearing for the Case

Samuel S. Shapiro, Bloomington, Indiana, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Eileen Euzen, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

Reid R. Smith was convicted following a jury trial of Operating a Vehicle While Intoxicated ("OWI"), as a Class A misdemeanor. Smith stipulated that he had a prior OWI conviction within the past five years, and the trial court entered a judgment of conviction as a Class D felony. He appeals, presenting the following restated issues for our review:

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