Opinions Jan. 20, 2020
Indiana Court of Appeals
Steven P. Smith v. State of Indiana
20A-CR-1014
Criminal. Affirms Steven P. Smith’s conviction of Level 6 felony operating while intoxicated and the finding that he was a habitual vehicular substance offender. Finds the Elkhart Superior Court did not abuse its discretion when it held the jury trial in Smith’s absence because Smith knowingly and voluntarily waived his right to be present. Also finds the trial court did not commit fundamental error when it informed prospective jurors that the court has personally advised Smith of the trial date a few weeks prior.