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SCHMIDT v. STATE

No. 29A05-0312-CR-666.

816 N.E.2d 925 (2004)

Christopher SCHMIDT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 28, 2004.

Attorney(s) appearing for the Case

Bryan L. Cook, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Matthew D. Fisher, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

In May 2002, the State charged Christopher Schmidt with one count of Operating a Vehicle While Intoxicated ("OWI"), as a Class A misdemeanor, and one count of OWI, as a Class C misdemeanor. By separate information, the State charged Schmidt with two counts of OWI, both as Class D felonies, based on a prior OWI conviction. In the first part of Schmidt's bifurcated trial, the jury found him guilty of OWI...

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