Legal Opinion

State v. Messenger

Indiana Court of Appeals

Decided April 28, 1995No. 49A05-9312-CR-472PublishedCited by 9 opinions

1Opinion of the Court

OPINION

RUCKER, Judge.

The State of Indiana charged Shawn Messenger with Operating a Vehicle while Intoxicated,1 and Operating a Vehicle with ten hundredths percent or more by weight of alcohol in his blood.2 Both charges were filed as Class D felonies because Messenger had been previously convicted of OWI.3 On motion by Messenger, the trial court dismissed the enhanced charges reasoning that the prior conviction on which the enhancements were based had been vacated. The State appeals contending that the trial court erred in entering its order of dismissal. We agree and therefore reverse.

Messeng…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1980
  2. Johnson v. StateIndiana Supreme Court · 1992
  3. Jaske v. StateIndiana Supreme Court · 1989
  4. Abron v. StateIndiana Court of Appeals · 1992
  5. Smith v. StateIndiana Court of Appeals · 1983

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Riffe v. StateIndiana Court of Appeals · 1996
  2. Gardiner v. StateIndiana Court of Appeals · 2009
  3. Jackson v. StateIndiana Court of Appeals · 2012
  4. Gardiner v. StateIndiana Court of Appeals · 2009
  5. Richard Dillon v. State of IndianaIndiana Court of Appeals · 2013

4 more not listed; retrieve them via the Exa API.

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