McFADDEN, Judge.
A jury found Dantrell Mitchell guilty of driving under the influence of alcohol to the extent that it was less safe for him to drive, but the trial court granted his motion for new trial because the state had made references to his failure to take a breath test. The state appeals, arguing that its references to Mitchell's failure to prove his innocence by taking that test did not improperly shift the burden of proof, that its comment that Mitchell...
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