Indiana Court of Appeals November 23, 2011, 71A03-1102-CR-105 (State v. Eichorst)

OPINION

BRADFORD, Judge.

Appellant-Plaintiff State of Indiana appeals from the trial court’s dismissal of a Class D felony Operating a Vehicle with a Blood Alcohol Concentration (“BAC”) of Greater than 0.08 percent with a Previous Conviction of Operating While Intoxicated (“OWI”)

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charge against Appellee-Defen-dant James Eichorst. We reverse and remand.