Bunting v. State

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Dean A. Bunting ("Bunting") appeals his conviction for Operating While Intoxicated with a Prior Conviction, a Class D felony. 1 We affirm.

Issues

Bunting presents two issues for review:

I. Whether he was denied his rights under the United States Constitution and the Indiana Constitution to have a jury determine whether he had a prior conviction for Operating While Intoxicated; and

2. Whether the admission of lay opinion testimony on Bunting's intoxication and his refusal to take a portable breath test constituted fundamental error.

Facts and…