State v. Carter

ROBERTSON, Judge.

The State of Indiana (State) appeals the dismissal of two of three counts of an information filed against David E. Carter (Carter). In the first count, the State charged Carter with operation of a vehicle while intoxicated and in the third count, the State sought to raise the offense from a misdemeanor to a felony because Carter had a previous conviction. The second count was not dismissed.

We reverse and remand.

Carter moved to dismiss the charge of operating while intoxicated, Ind.Code 9-4-l-54(b)(l), because the underlying probable cause affidavit failed to allege that…