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WARTHEN v. STATE

No. 60A01-9108-CR-256.

588 N.E.2d 545 (1992)

Rodney J. WARTHEN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

March 18, 1992.

Attorney(s) appearing for the Case

Richard W. Lorenz, Hickam and Hickam, Spencer, for appellant-defendant.

Linley E. Pearson, Atty. Gen. of Indiana and Preston W. Black, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BAKER, Judge.

Defendant-appellant Rodney J. Warthen appeals his conviction for operating a vehicle while intoxicated, a Class A misdemeanor.1 He raises two issues for our review, which we restate as:

I. Whether the trial court erred when it gave Final Jury Instruction No. 8 regarding the rebuttable presumption that the result of Warthen's subsequent blood alcohol test related back to the time he operated the vehicle.

II...

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