Legal Opinion

State v. Prater

Indiana Court of Appeals

Decided March 12, 2010No. 08A02-0904-CR-309PublishedCited by 35 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Pursuant to Indiana Code Section 35-38-4-2(8), the State appeals the trial court's order granting Dustin Prater's Motion to Correct Error. The State raises a single issue for our review, namely, whether Indiana Code Section 35-48-4-14.5(c) requires an individual in possession of anhydrous ammonia have the personal "intent to manufacture methamphetamine or amphetamine" in order to commit a Class D felony under that statute.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts are not in dispute. On May 16, 2008, Derrick German and Prater stole anbydrous…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Curley v. Lake County Board of Elections & RegistrationIndiana Court of Appeals · 2008
  2. Hevner v. StateIndiana Supreme Court · 2010
  3. Lea v. LeaIndiana Supreme Court · 1998
  4. Showalter v. Town of ThorntownIndiana Court of Appeals · 2009
  5. Indiana Pesticide Review Board v. Black Diamond Pest & Termite Control, Inc.Indiana Court of Appeals · 2009

3Cited by35 opinions

  1. Jessica Kishpaugh v. John Odegard and Miriam OdegardIndiana Court of Appeals · 2014
  2. David Holbert v. State of IndianaIndiana Court of Appeals · 2013
  3. Clark County Drainage Board and Clark County Board of Commissioners v. Robert IsgriggIndiana Court of Appeals · 2012
  4. T.D. v. Indiana Department of Child ServicesIndiana Court of Appeals · 2015
  5. Fight Against Brownsburg Annexation v. Town of Brownsburg, IndianaIndiana Court of Appeals · 2015

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