Berry v. State

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Defendant Steven A. Berry (Berry) appeals his convictions of operating a vehicle with at least ten hundredths percent (0.10%) of alcohol by weight in grams in one hundred (100) milliliters of his blood, or two hundred ten (210) liters of his breath, a Class C misdemeanor, Ind.Code § 9-30-5-1;1 and operating a vehicle while intoxicated with a prior conviction of operating a vehicle while intoxicated within five years, a Class D felony, Ind.Code § 9-30-5-3.

We reverse.2

ISSUE

Berry raises three issues3 for our review, one of which we find…