Smith v. State

OPINION

ROBB, Judge.

Michael Smith appeals his convictions for operating a vehicle while intoxicated, a Class A misdemeanor, and public intoxication, a Class B misdemeanor, following a bench trial. We affirm in part and reverse and remand in part.

Issues

Smith raises two issues for our review, which we restate as:

1. Whether there is sufficient evidence to support his conviction for operating while intoxicated; and

2. Whether his convictions for both operating while intoxicated and public intoxication violate principles of double jeopardy under the Indiana Constitution.

Facts and Procedural History

Th…