Flanagan v. State

OPINION

VAIDIK, Judge.

Case Summary

Timothy M. Flanagan appeals following his convictions for operating while intoxicated and public intoxication. Because there is insufficient evidence to prove that Flanagan was intoxicated at the time he operated a vehicle, we reverse his conviction for operating while intoxicated.

Facts and Procedural History

On February 12, 2004, Flanagan and his passenger, Chris Kamphulusa, were traveling from Allen County, Indiana, to Huntington County, Indiana, when the vehicle Flanagan was driving became disabled on U.S. 224. Sometime after 4:00 pm. on that day, Huntington…