Baugh v. State

OPINION

BAKER, Judge.

Appellant-defendant Harry Baugh appeals his conviction for Operating a Vehicle While Intoxicated, 1 a class D felony, challenging the constitutionality of Indiana Code section 35-382-2-1(i) (venue statute) as applied to him. Specifically, Baugh argues that the trial court deprived him of his constitutional right to be tried in the county where the offense occurred. Concluding that the trial court erred in denying Baugh's motion for judgment on the evidence, we reverse.

FACTS

The facts most favorable to the judgment are that on January 31, 2001, sixty-eight-year-old Harry…