Roell v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

William H. Roell appeals from his conviction for operating a vehicle while intoxicated, 1 a class D felony; and for public intoxication, 2 a class B misdemeanor; and from his adjudication as an habitual substance offender 3

We affirm in part, reverse in part and remand.

ISSUES

1. Whether the evidence is sufficient to prove Roell was driving.

2. Whether the evidence was sufficient to support Roell's adjudication as an habitual substance offender.

DECISION

I. IDENTITY OF THE DRIVER

The facts most favorable to the judgment with respect to the identity of the…