Carter v. State

OPINION

VAIDIK, Judge

Case Summary

Appellant, Darnell Carter appeals his conviction for Operating a Motor Vehicle While Intoxicated,1 a Class D felony. In particular, Carter contends that the trial court erroneously admitted results from a breath test because the results were hearsay, irrelevant, and did not comport with Indiana Department of Toxicology Guidelines. Carter also contends that the trial court gave a mandatory instruction invading the province of the jury with respect to endangerment and failed to give an instruction informing the jury that it did not have to accept the judicially…