Smith v. State
Indiana Court of Appeals
1Opinion of the Court
BUCHANAN, Chief Judge.
CASE SUMMARY
Defendant-appellant Ronald A. Smith (Smith) appeals from a court conviction of operating a motor vehicle while intoxicated, a class D felony, 1 asserting that he was denied his constitutional right to trial by jury, that the court's finding of class D felony guilt was based upon insufficient evidence of his alleged prior conviction, and that, upon remand, the trial should be bifurcated as to the foundation charge and the alleged prior conviction.
We reverse.
FACTS
The facts pertinent to this appeal are as follows: On December 21, 1981, an information was filed…
Also in this document: Concurrence.
2Cases cited14 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brady v. United StatesSupreme Court of the United States · 1970
- Lawrence v. StateIndiana Supreme Court · 1972
- Collins v. StateIndiana Supreme Court · 1981
- Collins v. DunifonIndiana Court of Appeals · 1975
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3Cited by22 opinions
- Lopez v. StateIndiana Supreme Court · 1988
- State v. NicholsWest Virginia Supreme Court · 1999
- Kellems v. StateIndiana Supreme Court · 2006
- State v. CozartWest Virginia Supreme Court · 1986
- Shelton v. StateIndiana Supreme Court · 1992
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