Bolden v. State

OPINION

DARDEN, Judge

STATEMENT OF THE CASE

Doyle Bolden appeals the trial court’s reinstatement of his conviction by jury of operating a vehicle with at least .10% of alcohol by weight in grams in 210 liters of his breath, a violation of Ind.Code § 9-30-5 — 1(a)(2).

We reverse.

ISSUE

Whether the trial court erred in reinstating Bolden’s conviction.

FACTS

On June 29, 1999, a jury convicted Bol-den of operating a vehicle with at least .10% of alcohol by weight in grams in 210 liters of his breath, a violation of I.C. § 9-30-5-l(a)(2). On July 14, 1999, Bolden filed a motion to correct error asking the…