[Download] "Methodist Hospital Indiana v. Mabel D." by Fourth District Court of Appeals of Indiana " eBook PDF Kindle ePub Free

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eBook details

• Title: Methodist Hospital Indiana v. Mabel D.
• Author : Fourth District Court of Appeals of Indiana
• Release Date : January 09, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

A jury convicted Thomas Mogle of two offenses stemming from his arrest for drunken driving: 1) operating a motor vehicle after being adJudged an habitual traffic offender (IND. CODE 9-4-13-14 (Supp. 1980), Class D felony) and 2) driving while intoxicated, enhanced with previous conviction (INC. CODE 9-4-1-54(b)(1) (Supp. 1980), Class D felony).[Footnote 1] Because the States case rested heavily, if not entirely, on certified records of Mogles prior convictions, Mogle attacks their validity in his effort to have his convictions reversed for insufficiency of the evidence. He additionally charges the trial court abused its discretion in denying his request for treatment as an alcoholic in lieu of imprisonment. We must uphold Mogles challenge to his conviction for operating after being adJudged an habitual traffic offender because the State failed to present a properly certified court record showing Mogles habitual traffico offender status and reverse on the insufficiency of the evidence. On the other hand, his enhanced drunken driving conviction was supported by documentary evidence and should be affirmed.

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