Kelly v. State

DeBRULER, Justice.

Appellant Kelly was convicted on two counts and received consecutive eight (8) and (4) year sentences. The first was for operating while intoxicated, resulting in death, I.C. 9-11-2-2 and I.C. 9-11-2-5, the other for operating while intoxicated causing injury, I.C. 9-11-2-4. The Court of Appeals, Second District, affirmed the former and reversed the latter in an opinion appearing as Kelly v. State (1988), Ind.App., 527 N.E.2d 1148. Both parties have filed petitions to transfer. They are granted.

The trial below was to the court upon a stipulation of facts. Kelly was…