Settle v. State

OPINION

STATON, Judge

Richard A. Settle appeals the enhancement of his sentence based on his status as an habitual substance offender, 1 following his conviction for operating while intoxicated, a Class D felony. 2 Settle raises one issue for our review, which we restate as: whether the .trial court erred by enhancing Settle’s sen tence according to the 1996 version of the habitual substance offender statute.

We reverse and remand.

On March 11, 1995, police investigated an accident wherein Settle had driven his vehicle off the roadway. When police arrived at the scene, they detected the odor of…