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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: CARA SCHAEFER WIENEKE Wieneke Law Office, LLC Indianapolis, Indiana

FILED
Dec 30 2009, 9:15 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ERIC W. LAMPKIN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 62A01-0907-CR-345

APPEAL FROM THE PERRY CIRCUIT COURT The Honorable Lucy Goffinet, Judge Cause No. 62C01-0807-FD-650

December 30, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Eric Lampkin appeals his conviction for operating a vehicle while intoxicated endangering a person as a class D felony.1 Lampkin raises one issue, which we revise and restate as whether the evidence is sufficient to sustain Lampkins conviction for operating a vehicle while intoxicated as a class D felony. We affirm. The facts most favorable to the conviction follow. On June 22, 2008, Indiana Conservation Officer Jeffrey Milner was traveling north on State Road 37, which consisted of one northbound lane, one southbound lane, and a full emergency lane. The traffic on State Road 37 was heavy. Officer Milner looked in his rearview mirror and saw a car that was driven by Lampkin on the shoulder. Lampkin passed the two cars behind Officer Milner, Officer Milners vehicle, and the five cars in front of Officer Milner before reentering the highway. Officer Milner estimated that the vehicle driven by Lampkin was traveling between eighty and ninety miles per hour. Officer Milner activated his emergency lights and siren. Lampkin turned onto State Road 62 and eventually stopped in the middle of the road. Lampkin then went another 100 feet and turned into a residence. Officer Milner blocked the driveway with his vehicle and exited his vehicle. Two passengers

immediately jumped out of the vehicle driven by Lampkin "as if they were going to take off running." Id. at 21. Officer Milner told them to stop and ordered them to put their hands in the air. Both passengers eventually complied.

Ind. Code

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