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NAPIER v. STATE

No. 55A01-0406-CR-237.

827 N.E.2d 565 (2005)

Joseph E. NAPIER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 17, 2005.

Attorney(s) appearing for the Case

J.J. Paul, III, Voyles Zahn Paul Hogan & Merriman, Indianapolis, IN, for Appellant.

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

OPINION

BAKER, Judge.

Both the State and Napier have petitioned for rehearing in this case.1 Napier was charged with, and convicted of, Operating a Vehicle with a BAC of .08 Percent or More, a class C misdemeanor. In this case of first impression, we were called upon to decide the applicability of the rule set forth in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177...

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