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POTTER v. STATE

No. 41A04-0904-CR-217.

912 N.E.2d 905 (2009)

Lucian POTTER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 11, 2009.

Attorney(s) appearing for the Case

Peter D. Nugent, Thomas, Szostak, Thomas, & Nugent, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Marjorie Lawyer-Smith, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Lucian Potter appeals his conviction, after a bench trial, for operating a vehicle while intoxicated, as a class D felony, and the finding that he was an habitual substance offender.

We affirm.

ISSUE

Whether the trial court erred when it admitted evidence of Potter's intoxication.

FACTS

At approximately 12:30 a.m. on May 5, 2006, Officer...

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