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CLEER v. STATE

No. 49A02-0912-CR-1193.

929 N.E.2d 218 (2010)

Philip CLEER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 21, 2010.

Attorney(s) appearing for the Case

Frederick Vaiana, John D. Fierek, Tyler D. Helmond, Voyles Zahn Paul Hogan & Merriman, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BARNES, Judge.

Case Summary

Philip Cleer appeals his conviction for Class C misdemeanor operating a vehicle with a blood alcohol concentration ("BAC") between .08 and .15. We affirm.

Issue

Cleer raises one issue, which we restate as whether the operation of a sobriety checkpoint violates the separation of powers provision of the Indiana Constitution.

Facts

On August 30, 2008, a sobriety checkpoint was...

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