MICHAEL A. WHITAKER v. State of Indiana

── MICHAEL A. WHITAKER v. State of Indiana ── Case No.: 21A-CR-02268 Court: Indiana Court of Appeals Date: August 22, 2022 Author: Judge Melissa May County of Origin: Whitley Category: Criminal Decision: Affirmed Judge Riley and Judge Tavitas concur 1 Ind. Code § 9-30-5-3(a)(1). 2 Ind. Code § 9-30-5-1(b). 3 Ind. Code § 9-26-1-1.1(b). 4 The trial court also determined Whitaker was a habitual offender pursuant to Indiana Code section 35-50-28, but he does not challenge that adjudication. [2] On June 2, 2018, “between 8 or 9” in the evening, Whitaker went to Dilly’s, a bar in Akron, Indiana, with his friends. (Tr. Vol.