Hall v. State

OPINION

KIRSCH, Judge.

Albert J. Hall was convicted after a jury trial of operating a motor vehicle as an habitual traffic violator ("HTV"), 1 a Class D felony. He appeals, raising the follow ing restated issue: Whether the trial court committed fundamental error in its instruction on the mens rea element of the Habitual Traffic Violator Statute.

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On April 28, 2008, Thorntown Police Officer Frank Clark stopped Hall's vehicle and arrested Hall for operating a motor vehicle as an HTV. Appellant's App. at 15. At trial, Hall did not dispute that he…