Nasser v. State

Indiana Court of Appeals
Nasser v. State, 639 N.E.2d 1054 (1994)
1994 Ind. App. LEXIS 1262; 1994 WL 521099
Friedlander, Rucker, Sullivan

Nasser v. State

Opinion of the Court

*1055OPINION ON REHEARING

SULLIVAN, Judge.

On March 17, 1994, this Court reversed the conviction of Jeffrey Nasser for operating a vehicle with at least ten hundredths percent (10%) by weight of alcohol in the blood, a class C misdemeanor. Following that decision, State of Indiana filed its Petition for Rehearing on April 13, 1994, which petition has been held in abeyance pending disposition of Baran v. State (1998) 5th Dist. Ind. App., 622 N.E.2d 1326, upon petition to transfer. By order of the Indiana Supreme Court dated February 18, 1994, transfer was granted in Baran v. State. Thereafter, on September 1, 1994, the Indiana Supreme Court issued its opinion upon transfer holding that as a matter of law an Intoxilyzer Breath Test printout necessarily reflects a percentage "by weight of alcohol in the blood." (Emphasis supplied).

Accordingly, and pursuant to the Supreme Court decision in Baran v. State, supra, we now grant rehearing and affirm the convietion.

Judgment of the Marion County Municipal Court, Room 4, affirmed.

FRIEDLANDER and RUCKER, JJ., concur.

Reference

Full Case Name
Jeffrey NASSER, Appellant-Defendant v. STATE of Indiana
Cited By
1 case
Status
Published