Ham v. State

OPINION

BAKER, Judge.

Appellant-defendant Kimberly S. Ham appeals her: conviction for Operating a Vehicle While Intoxicated,1 a class C misde*1152meanor. Specifically, Ham argues that the conviction may not stand because the trial court erred in giving a final instruetion which provided that "a defendant's refusal to submit to a chemical test may be considered as evidence of intoxication." Appellant's App. p. 124. Ham asserts that the instruction was an incorrect statement of the law and that it unduly emphasized one evidentiary fact pertaining to her guilt regarding the charged offense.

We conclude…