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STATE v. GEARLDS

No. 90A02-1105-CR-433.

956 N.E.2d 141 (2011)

STATE of Indiana, Appellant-Plaintiff, v. Skylor GEARLDS, Appellee-Defendant.

Court of Appeals of Indiana.

October 24, 2011.

Attorney(s) appearing for the Case

Gregory F. Zoeller, Attorney General of Indiana, Angela N. Sanchez, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

John Pinnow, Special Assistant to the State Public Defender, Greenwood, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Skylor Gearlds was charged with Class A misdemeanor operating a motor vehicle while suspended based on a previous violation within the past ten years pursuant to Indiana Code section 9-24-19-2. The trial court dismissed the misdemeanor charge because the statute contains a mistaken cross-reference allowing for a driving while suspended infraction to be enhanced when (1) the driver has a previous driving while...

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