Opinions April 2, 2018

April 2, 2018

Indiana Court of Appeals

Xavia Fox v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part Xavia Fox’s convictions of driving while suspended and operating a motor vehicle having never received a license, both elevated to Class A misdemeanors based on prior convictions. Finds the state presented sufficient evidence to support Fox’s driving while suspended conviction. Also finds the evidence was insufficient to prove Fox had a prior conviction for operating having never received a license. Remands for the Marion Superior Court to enter judgment on the lesser-included offense of Class C misdemeanor operating having never received a license and to vacate the Class A misdemeanor.