State v. Krohn

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

The State of Indiana appeals from the: Vanderburgh Circuit Court's acquittal of Kimberly Krohn on a charge of operating a vehicle while intoxicated under Indiana Code section 9-11-2-2. We find the trial court's determination that the State failed to prove an element of the offense to be in error.

FACTS

On December 12, 1986, Michael Koch, an Evansville police officer, was driving an unmarked detective vehicle when he observed through his rear view mirror a vehicle operated by Kimberly Krohn. Officer Koch's vehicle and Krohn's vehicle were both headed…