Jesse Wharton v. State of Indiana

MAY, Judge.

[1] Jesse Wharton appeals his convictions of level 6 felony operating a vehicle while intoxicated with a prior conviction 1 and level 6 felony operating a vehicle with an alcohol concentration equivalent (ACE) of .08 or more with a prior conviction. 2 Wharton asserts his convictions subjected him to double jeopardy because the same act was the basis for both offenses.

[2] We affirm in part, vacate in part, and remand with instructions.

Facts and Procedural History

[3] On July 25, 2014, police stopped the car Wharton was driving because the license plate was registered to a different…