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STATE v. AKINS

No. 79S05-0402-CR-93.

824 N.E.2d 676 (2005)

STATE of Indiana, Appellant (Plaintiff below), v. Loren AKINS, Appellee (Defendant below).

Supreme Court of Indiana.

March 30, 2005.

Attorney(s) appearing for the Case

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

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 79A05-0210-CR-520.

DICKSON, Justice.

In this interlocutory appeal, the State challenges the decision of the trial court granting the defendant's motion to dismiss Count II, which charged as a class D felony that the defendant operated a vehicle while intoxicated while having a prior conviction for operating a vehicle while intoxicated.

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