Cunningham v. State

NEAL, Judge.

ON PETITION FOR REHEARING

Both the State and Cunningham file motions for rehearing. On March 29,1982, we reversed this cause on the basis of the inadequacy of the personal waiver of the jury trial by Cunningham, which case is reported at 433 N.E.2d 405. In that opinion, because of the reversal, we did not rule on Issue 3, that the evidence was insufficient to prove a prior conviction of driving under the influence. In his motion for rehearing, Cunningham contends that if the evidence is insufficient to support the conviction, he would be placed in jeopardy a second time by the…