Richard Dillon v. State of Indiana

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 reinstated Dillon’s prior OWI conviction with a nunc pro tunc entry. We find that because the trial court made the nunc pro tunc entry reinstating…