Burton v. State

HOFFMAN, Judge.

Defendant-appellant Craig Burton appeals his conviction for driving with a blood alcohol content of .10% or more, as proscribed in IND.CODE § 9-11-2-1 (1984 Supp.). Burton raises one issue on appeal: whether the trial court erred in setting aside his first trial and ordering a retrial after the presentation of all evidence, thereby violating the tenets of the double jeopardy clause of the Fifth Amendment and IND.CODE § 35-41-4-3 (1982).

The facts relevant to this appeal disclose that in August 1985 Burton was charged with driving with a B.A.C. of .10% or more. On May 8, 1986…