Brooks Berg v. State of Indiana

NAJAM, Judge.

Statement of the Case

[1] Brooks Berg appeals his convictions for operating while intoxicated, as a Class D felony, and reckless driving, as a Class B misdemeanor. 1 Berg raises a single issue for our review, namely, whether the State violated his double, jeopardy rights under Richardson v. State, 717 N.E.2d 82 (Ind.1999), when it used the evidence if had presented to the jury to support the reckless-driving charge to demonstrate the endangerment element of the operating-while-intoxicated charge. The State concedes on appeal that this use of the evidence resulted in a violation of…