Devore v. State

SHEPARD, Chief Justice.

This is the second of two appeals asking whether a conviction for operating a vehicle while intoxicated which is enhanced from a class A misdemeanor to a class D felony under the provisions of Indiana Code Section 9-30-5-3 may be enhanced a second time under the habitual substance offender provisions of Section 85-50-2-10.

Two panels of the Court of Appeals split on this question. In this case, the court held that appellant Eric S. Devore could be sentenced under both statutes. We conclude otherwise.

I. Statement of Facts

In October 19983, the police arrested De-vore for…