Banks v. State

STATON, Judge.

John S. Banks was tried before a St. Joseph Superior Court jury and convicted of operating a motor vehicle while suspended as an habitual violator of traffic laws, a class D felony. West’s AIC 9-12-3-1. The trial court sentenced Banks to two years in prison then suspended the sentence and imposed probation. Banks raises three issues on appeal. However, the dispositive issue is whether the evidence is sufficient to support the verdict?

We reverse.

An element of the offense of driving while suspended as an habitual violator of traffic laws is that the defendant knew his driving…