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Lyndal E. Jones v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 55A01-0701-CR-53
Case Date: 12/19/2007
Preview: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: WILLIAM VAN DER POL, JR. Martinsville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LYNDAL E. JONES, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 55A01-0701-CR-53

APPEAL FROM THE MORGAN SUPERIOR COURT The Honorable Jane Spencer Craney, Judge Cause No. 55D03-0607-FC-182

December 19, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary Lyndal E. Jones appeals his convictions and sentence for class C felony operating a motor vehicle after forfeiture of license for life, class D felony operating a motor vehicle while intoxicated endangering a person, and class B misdemeanor disorderly conduct, as well as his habitual substance offender finding and sentence enhancement. We affirm in part and remand in part. Issues Jones raises three issues, which we restate as follows: I. II. Whether the trial court violated his right to a speedy trial; Whether the trial court erred in allowing the State to amend the charging information to add a habitual substance offender ("HSO") charge; and Whether the trial court properly imposed the HSO sentence enhancement. Facts and Procedural History 1 Jones was arrested in Morgan County on July 2, 2006. On July 3, 2006, the State charged Jones with count 1, operating a motor vehicle after forfeiture of license for life, a class C felony; 2 count 2, operating a vehicle while intoxicated endangering a person, a class

III.

We direct Jones's counsel's attention to Indiana Appellate Rule 50(A)(2), which provides that an appellant's appendix "shall contain a table of contents[.]" We direct the court reporter's attention to Appellate Rule 28(A)(6), which provides that the transcript "shall be bound using any method which is easy to read and permits easy disassembly for copying." The binding prongs for volume 1 of the transcript were much too short to keep the volume in one piece for easy reading.
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