Legal Opinion
Simmons v. State
Indiana Court of Appeals
Decided August 6, 2002No. 48A05-0112-CR-565PublishedCited by 14 opinions
1Opinion of the Court
OPINION
BARNES, Judge.
Case Summary
James Dwight Simmons appeals the portion of his sentence for operating while intoxicated (“OWI”) as a Class D felony requiring him to be imprisoned for six months. We affirm.
Issue
The sole restated issue before us is whether the trial court incorrectly assumed it was required to order six months imprisonment because Simmons had at least two prior unrelated OWI convictions.
Facts
On August 11, 2000, the State charged Simmons with OWI, a Class A misdemean- or, OWI with a previous OWI conviction within the past five years, a Class D felony, and operating a vehicle…
2Cases cited6 opinions
- Wright v. GettingerIndiana Supreme Court · 1981
- Waldridge v. Futurex Industries, Inc.Indiana Court of Appeals · 1999
- Antcliff v. StateIndiana Court of Appeals · 1997
- Citizens Action Coalition of Indiana, Inc. v. Public Service CommissionIndiana Court of Appeals · 1981
- Saintignon v. StateIndiana Supreme Court · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lake Central School Corp. v. Hawk Development Corp.Indiana Court of Appeals · 2003
- Woodward v. StateIndiana Court of Appeals · 2003
- Alberto Baiza Rodriguez v. State of IndianaIndiana Court of Appeals · 2018
- Burd Management, LLC v. StateIndiana Court of Appeals · 2004
- Slinkard v. StateIndiana Court of Appeals · 2004
9 more not listed; retrieve them via the Exa API.