Kinkade v. State

SHIELDS, Presiding Judge.

Allen E. Kinkade appeals his conviction of operating a motor vehicle while being an habitual violator, a class A misdemeanor. 1

We reverse.

ISSUES

We consider two issues:

1. Whether the trial court erred in admitting into evidence State’s Exhibit 1, in four parts, and referred to as Kinkade’s “driving record”; and

2. Whether the evidence is sufficient to sustain Kinkade’s conviction.

FACTS

Kinkade was designated an habitual violator by the Indiana Bureau of Motor Vehicles (BMV) effective September 8, 1986, for a period of ten years. On October 3, 1986, he was operating a…