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UPCHURCH v. STATE

No. 30A01-0506-CR-270.

839 N.E.2d 1218 (2005)

Meredith UPCHURCH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

December 30, 2005.

Attorney(s) appearing for the Case

Steven D. Allen, Joseph M. Cleary, Hammerle & Allen, Indianapolis, for Appellant.

Steve Carter, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

CRONE, Judge.

Case Summary

Meredith Upchurch appeals from the denial of her verified petition for judicial finding of no refusal. We reverse.

Issue

Upchurch presents one issue for our review, which we restate as whether the trial court erred in finding that Upchurch refused a breath test.

Facts and Procedural History

On December 19, 2004, Upchurch was involved in an accident with another vehicle in Hancock...

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