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)...
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