McInchak v. State

CHEZEM, Judge.

Case Summary

Defendant-Appellant, Gregory A. Melne-hak, appeals his convictions for Operating a Vehicle while Intoxicated (class A misdemeanor), and Operating a Vehicle with .10% or Greater Blood Alcohol Content (class C misdemeanor). We affirm in part, and vacate and remand in part.

Issues

Defendant presents one (1) issue for our review, which we restate as follows:

Whether there was sufficient evidence to prove that Defendant "operated" a vehicle in violation of Ind.Code 9-11-2-1 and 9-11-2-2.

In addition, we raise sua sponte the issue of whether it was proper to convict and…