Stephenson v. State

OPINION

GARRARD, Judge.

After a jury trial, Stephenson was sentenced upon two counts of operating a motor vehicle with a blood aleohol content of .10% or above resulting in death. The acts occurred in 1992 and Stephenson was prosecuted under the pre-1994 version of IC 9-80-5-5. The errors assigned on appeal concern the court's refusal to give four final instructions requested by Stephenson which would have required the state to prove a form of causation beyond a reasonable doubt.

We find that the court did not err in refusing the instructions, but that under the old statute the court was…