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DILLON v. STATE

No. 27A05-1210-CR-542.

993 N.E.2d 240 (2013)

Richard DILLON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 14, 2013.

Attorney(s) appearing for the Case

Craig Persinger , Marion, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Ryan D. Johanningsmeier , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

The State charged Richard Dillon with operating while intoxicated as a Class D felony based on a prior conviction within five years. Dillon moved to dismiss the felony enhancement because when he allegedly committed the instant OWI, he did not have a prior OWI within five years because the State had inadvertently dismissed it. The trial court denied Dillon's motion to dismiss, reasoning that the trial court had...

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