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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: GREGORY T. LAUER Lauer & Lauer Martinsville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RYAN D. JOHANNINGSMEIER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL OLSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 55A04-0511-CR-669

APPEAL FROM THE MORGAN SUPERIOR COURT The Honorable G. Thomas Gray, Judge Cause No. 55D01-0409-CM-262

October 16, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

SHARPNACK, Judge

Michael Olson brings this interlocutory appeal from the trial court's denial of his motion for discharge pursuant to Ind. Criminal Rule 4. Olson raises one issue, which we restate as whether the trial court erred by denying Olson's motion for discharge. We affirm. The relevant facts follow. On September 10, 2004, the State charged Olson with operating a vehicle while intoxicated endangering a person as a class A misdemeanor, 1 operating a vehicle with a blood alcohol content of .15 or more as a class A misdemeanor, 2 and public intoxication as a class B misdemeanor. 3 The trial court

scheduled the jury trial for March 17, 2005, as a first choice and March 10, 2005, as a second choice. On February 15, 2005, the trial court rescheduled the jury trial for May 19, 2005, as a first choice, and May 10, 2005, as a second choice due to the involuntary evacuation of the courthouse. On April 21, 2005, the trial court rescheduled the trial

dates for August 9, 2005, as a first choice and July 21, 2005, as a second choice because of the involuntary evacuation of the courthouse. On June 8, 2005, the trial court

continued the trial date of July 21, 2005, because of the involuntary evacuation of the courthouse. On August 9, 2005, 4 the trial court issued an order for continuance and

1

Ind. Code

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