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HENKE v. STATE

No. 29S05-0401-CR-27.

801 N.E.2d 633 (2004)

Robert HENKE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

January 15, 2004.

Attorney(s) appearing for the Case

Frederick Vaiana, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Andrew A. Kobe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 29A05-0211-CR-554.

BOEHM, Justice.

Robert Henke was charged in Hamilton Superior Court with operating a vehicle while intoxicated, a Class A misdemeanor; operating a vehicle with a blood alcohol content of .15 or more, a Class A misdemeanor; and operating a vehicle with a blood alcohol content of .08 or more, a Class C misdemeanor. All charges were based on Henke's driving in the eastbound lanes...

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