Bishop v. State

STATEMENT OF THE CASE

RATLIFF, Senior Judge (Retired).

Jack F. Bishop was convicted of operating a vehicle while intoxicated and while his driving privileges were suspended for being an habitual violator of traffic laws, a class D felony. 1 He appeals from the latter.

We reverse.

ISSUES

I. Whether Ind.Code 9-30-10-16 is applicable to Bishop since his driving privileges were suspended under prior law?

II. Whether the evidence is sufficient to sustain his conviction?

FACTS

The evidence reveals that the Bureau of Motor Vehicles determined Bishop to be an habitual traffic law violator in 1988 and, as a…