Oller v. State

OPINION ON PETITION FOR REHEARING

HOFFMAN, Judge.

In its Petition for Rehearing, the State, for the first time, raises the argument that IND.CODE § 9-11-4-14(b)(1), effective September 1, 1988, requires this Court to affirm Oller's conviction of Class D felony driving under the influence of intoxicating liquor. The felony charge was pursuant to IND.CODE § 9-4-1-54(b)1 which enhances a Class A misdemeanor charge to a Class D felony if there are prior convictions since June 80, 1978. The jury found Oller guilty and at the second stage of the bifurcated trial found him to have prior convictions.…