Sullivan v. State

ROBERTSON, Judge.

Terry Sullivan appeals his conviction of operating a vehicle with a blood-alcohol content of ten-hundredths percent or more, a class D felony. 1 We affirm the conviection as a class C misdemeanor but reverse the conviction's enhancement to a class D felony.

Sullivan raised essentially three issues for review, but because of our disposition on the sufficiency question, we need not address the question whether the trial court erred in denying Sullivan's motion to suppress. 2

I

Sullivan contends the evidence is insufficient to establish that he had a blood-aleo-hol content of…