Smith v. State

ON CRIMINAL PETITION FOR TRANSFER

GIVAN, Justice.

Appellant's conviction of Leaving the Scene of an Accident, a Class B misdemeanor, Driving While Intoxicated, a Class D felony, and a finding that he was a habitual traffic offender was reversed by the Court of Appeals in Smith v. State (1989), Ind.App., 538 N.E.2d 271. Judge Chezem filed a dissenting opinion to the reversal of this case. We find that Judge Chezem is correct in her observations in her dissenting opinion and that the Court of Appeals erred in reversing appellant’s conviction.

The facts are: On May 31, 1987, appellant was driving…