Bush v. State

OPINION

STEWART, Judge.

This appeal raises the question of whether the State may retry a defendant whose conviction is set aside based on a denial of the right to counsel.

James E. Bush was charged with felony driving while under the influence and felony refusal to submit to a breath test. The offenses were charged as felonies because Bush was a repeat offender-that is, he had two prior convictions for driving while intoxicated within the previous ten years.

While these felony charges were pending, Bush filed an application for post-conviction relief, asking the superior court to set aside one of…