SMITH v. STATE

No. 64A03-9510-CR-349.

674 N.E.2d 217 (1996)

David W. SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied February 25, 1997.

Transfer Granted April 29, 1997.


Attorney(s) appearing for the Case

Dave Welter, Valparaiso, for Appellant-Defendant.

Pamela Carter, Attorney General, Preston W. Black, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.


OPINION

HOFFMAN, Judge.

Appellant-defendant David W. Smith appeals from his conviction for operating a vehicle while intoxicated, as a Class D felony. The facts most favorable to the judgment are presented below.

On May 21, 1994, Smith consumed a beer or two with his boss after work. At approximately 8:30 P.M., Smith drove to the Northside Tavern. Smith consumed two more beers at the tavern. He then purchased a six-pack of beer and drove away.

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