Commonwealth v. Robertson

ORDER

The Court being equally divided, the Order of the Superior Court is AFFIRMED.

Justice SAYLOR did not participate in the consideration or decision of this case. Justice CASTILLE files an opinion in support of affirmance in which Justice NIGRO and Justice NEWMAN join. Justice CAPPY files an opinion in support of reversal in which Chief Justice FLAHERTY and Justice ZAPPALA join.

OPINION IN SUPPORT OF AFFIRMANCE

CASTILLE, Justice.

The issue in this appeal is whether the 1988 version of the Maryland crime of driving while intoxicated (“DWI”) as set forth in Md.Code Transp. § 21-902(a), is an…