Wetherington v. State

Kenneth Ellis Wetherington appeals his judgment and sentence for felony driving under the influence (DUI) following his bifurcated jury trial. Wetherington raises six issues on appeal. As correctly conceded by the State, the testimony of a police officer concerning statements made by Wetherington was erroneously admitted into evidence in contravention of the accident report privilege. Contrary to the argument of the State, we cannot find the error harmless beyond a reasonable doubt. Accordingly, we reverse and remand for a new trial. We affirm without comment the other issues raised on appeal.