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Xavia Fox v. State of Indiana (mem. dec.)
49A04-1709-CR-2183
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.
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