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STATE v. GEARLDS

No. 90A02-1105-CR-433.

956 N.E.2d 141 (2011)

STATE of Indiana, Appellant-Plaintiff, v. Skylor GEARLDS, Appellee-Defendant.

Court of Appeals of Indiana.

October 24, 2011.

Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Angela N. Sanchez , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

John Pinnow , Special Assistant to the State Public Defender, Greenwood, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Skylor Gearlds was charged with Class A misdemeanor operating a motor vehicle while suspended based on a previous violation within the past ten years pursuant to Indiana Code section 9-24-19-2. The trial court dismissed the misdemeanor charge because the statute contains a mistaken cross-reference allowing for a driving while suspended infraction to be enhanced when (1) the driver has a previous driving while...

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