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SIMMONS v. STATE

No. 48A05-0112-CR-565.

773 N.E.2d 823 (2002)

James Dwight SIMMONS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 6, 2002.

Attorney(s) appearing for the Case

Geoffrey B. Yelton, Anderson, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BARNES, Judge.

Case Summary

James Dwight Simmons appeals the portion of his sentence for operating while intoxicated ("OWI") as a Class D felony requiring him to be imprisoned for six months. We affirm.

Issue

The sole restated issue before us is whether the trial court incorrectly assumed it was required to order six months imprisonment because Simmons had at least two prior unrelated OWI convictions.

Facts

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