Marlatt v. State

OPINION

BAKER, Judge

Appellant-defendant Gene C. Marlatt appeals his conviction for speeding, claiming that the trial court erred in denying his motion to dismiss made at the close of the State’s case-in-chief. Specifically, he maintains that the State failed to lay an adequate foundation for the admissibility of radar test results.

FACTS

The facts most favorable to the judgment reveal that on May 18, 1998, at approximately 6:25 a.m., Indiana State Police Officer Richard Kelly stopped Marlatt for speeding in Clinton County. While using a radar device, Officer Kelly clocked Marlatt’s vehicle…