Hogan v. State

Carley, Judge.

Appellant was tried by a jury on a two-count accusation. Count I charged appellant with being in physical control of a moving vehicle “while under the influence of alcohol.” Count II alleged that he had been in control of a moving vehicle “while there was at least .12 percent alcohol in his blood by weight.” Although there were two counts, the factual allegations were identical and the same conduct formed the basis for both counts. Appellant was found not guilty of Count II, but guilty of Count I. As the result of the State’s improper closing argument, appellant’s motion for new…