Clark v. State

DeBRULER, Justice.

Following a jury trial, appellant Michael Lee Clark was convicted of driving while suspended, 1.C. 9-1-4-52, a Class A misdemeanor; operating while intoxicated, I.C. 9-11-2-2, a Class A misdemeanor; and operating with a .10% blood alcohol level, I.C. 9-11-2-1, a Class C misdemeanor. After the jury had returned these verdicts on the misdemeanor counts, a second phase of this trial ensued and culminated in the elevation of appellant's conviction to a Class D felony, .C. 9-11-2-8, which provides that a person who violates section one or two of this chapter commits a Class D…