State v. Bass

OPINION OF THE COURT

KIM C. HAMMOND, Circuit Judge.

A jury verdict was returned to the trial court finding the appellee guilty of Driving, or Being in the Actual Physical Control of a Motor Vehicle While Having an Unlawful Blood Alcohol Level, and the trial court entered judgment and sentence thereon.

The appellee filed a motion for a new trial on a number of grounds. This appeal is taken from the order of the trial court granting the appellee’s motion for a new trial on the sole basis that the trial court determined that it erred by denying the defendant’s motion for a *128mistrial after a question…