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eBook details

• Title: Michael Lee Clark v. State Indiana
• Author : Court of Special Appeals of Maryland
• Release Date : January 01, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Following a jury trial, appellant Michael Lee Clark was convicted of driving while suspended, I.C. 9-1-4-52, a Class A misdemeanor; operating while intoxicated, I.C. 9-11-2-2, a Class A misdemeanor; and operating with a .10% blood alcohol level, I.C. 9-11-2-1, a Class C misdemeanor. After the jury had returned these verdicts on the misdemeanor counts, a second phase of this trial ensued and culminated in the elevation of appellants conviction to a Class D felony, I.C. 9-11-2-3, which provides that a person who violates section one or two of this chapter commits a Class D felony if he has a previous conviction of operating while intoxicated and that previous conviction occurred within the last five years. Appellant had been convicted for operating while intoxicated on May 19, 1983, and December 17, 1985. Appellant received a one-year sentence for driving while suspended and a two-year sentence for operating while intoxicated, which was enhanced an additional two years for aggravating circumstances. The trial court ordered these sentences to run consecutively. At a third phase of this trial, Clarks sentence then was enhanced an additional thirty years as appellant was found to be an habitual felony offender pursuant to I.C. 35-50-2-8.

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