OPINION
STEWART, Judge.
This appeal raises the question of whether the State may retry a defendant whose conviction is set aside based on a denial of the right to counsel.
James E. Bush was charged with felony driving while under the influence and felony refusal to submit to a breath test. The offenses were charged as felonies because Bush was a repeat offender—that is, he had two prior convictions for driving while intoxicated within...
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