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RECKER v. STATE

No. 49A04-0805-CR-262.

904 N.E.2d 724 (2009)

James R. RECKER, II, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 27, 2009.

Attorney(s) appearing for the Case

James R. Recker, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

James R. Recker II ("Recker") appeals the denial of his motion to convert his conviction for operating a vehicle while intoxicated as a Class D felony to a Class A misdemeanor. He raises the following restated issue: whether the trial court erred when it denied his motion because he claims that he met the requirements of Indiana Code section 35-38-1-1.5.

We affirm.

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