State v. Akins

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Plaintiff, State of Indiana (State), appeals the trial court's grant of Appellee-Defendant Loren Aking' (Akins), Motion to Dismiss Count II, operating a vehicle while intoxicated while having a prior conviction, a Class D felony, Ind. Code § 9-830-5-8.

We affirm.

ISSUES

The State raises one issue, which we restate as follows: Whether the Michigan statute 257.625(1)(a), is substantially similar to Ind.Code § 9-80-5-1(b), so that Aking' Michigan conviction may constitute a "previous conviction of operating while *1095intoxicated" under LC. §…