Rita v. State

OPINION

GARRARD, Judge.

John G. Rita was charged below with failure to stop at the scene of a fatal accident and with driving with a blood alcohol content (b.a.c.) in excess of .10%, resulting in the death of another person. Rita was acquitted of the second charge, but the jury was unable *1203to reach a verdict on the first charge. After the State filed an amended information, the trial court, pursuant to Ind. Appellate Rule 4(B)(6), certified four issues for interlocutory appeal, which we address as follows:

I. Whether the State's alleged failure to properly preserve or negligent destruction of…