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FLANAGAN v. STATE

No. 35A02-0410-CR-814.

832 N.E.2d 1139 (2005)

Timothy M. FLANAGAN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 23, 2005.

Attorney(s) appearing for the Case

Jill M. Denman, Jeremy K. Nix, Matheny, Michael, Hahn & Denman LLP, Huntington, for Appellant.

Steve Carter, Attorney General of Indiana, Grant H. Carlton, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Timothy M. Flanagan appeals following his convictions for operating while intoxicated and public intoxication. Because there is insufficient evidence to prove that Flanagan was intoxicated at the time he operated a vehicle, we reverse his conviction for operating while intoxicated.

Facts and Procedural History

On February 12, 2004, Flanagan and his passenger, Chris Kamphulusa, were traveling...

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