Smith v. State

CONOVER, Presiding Judge.

Defendant-Appellant Freddie Lee Smith (Smith) appeals his conviction for driving while intoxicated. IND.CODE 9-11-2-2, 9-11-2-8.

We reverse.

Because we reverse, we address only the issue of whether there was sufficient evidence to support Smith's conviction.

In May, 1987, Joey Topp (Topp) was playing outside with her daughter. Between 5:00 and 5:80 P.M. they watched as a black pick-up truck traveled down the gravel road in front of their house, crossed the opposite lane, traveled approximately ninety feet off the road, and struck their mailbox. Though Topp yelled at the…