Melton v. State

CONOVER, Judge.

Defendant-Appellant Shawn Melton appeals his conviction for operating a vehicle with ten-hundredths (10%), or more, by weight, of alcohol in his blood, a class C misdemeanor. IND.CODE 9-11-2-1. 1

We reverse.

Melton presents one issue for our review:

whether the evidence was sufficient to sustain his conviction.

On April 6, 1991, at approximately 12:80 am., Churubusco City police officer Tony Helfrich observed a red pickup truck driving with its lights off. After stopping the truck, the officer asked the driver why the truck lights were turned off. Melton, the driver, replied, "I…