Warthen v. State

BAKER, Judge.

Defendant-appellant Rodney J. Warthen . appeals his conviction for operating a vehicle while intoxicated, a Class A misdemeanor. 1 He raises two issues for our review, which we restate as:

I. Whether the trial court erred when it gave Final Jury Instruction No. 8 regarding the rebuttable presumption that the result of Warthen's subsequent blood alcohol test related back to the time he operated the vehicle.

II. Whether Final Jury Instruction No. 8 impermissibly failed to advise the jury that the presumption was both permissive and rebuttable.

We reverse and remand for a new trial.

FACT…