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Drinnon v. State9/9/1999
y of the videotape of his arrest. The defendant has also failed to establish how a psychological evaluation would have served to benefit his cause. Furthermore, the petitioner has been unable to suggest how his cause would have been better served had he not taken the stand to testify in his own behalf. That strategy appears to have been sound under the circumstances and is not subject to second-guess. Finally, the failure to introduce evidence of the defendant's disabilities and medical records at the sentencing hearing was not deemed important by the trial Judge who imposed the sentence. The petitioner did have a prior criminal history. The record indicates that the trial Judge was aware of physical problems suffered by the petitioner prior to the imposition of sentence, which by all appearances falls within the statutory guidelines. In fact, the jury concluded that he was guilty of driving under the influence of narcotic pain medication prescribed by a physician, not alcohol impairment. Parenthetically, the defendant, at trial, hardly contested the charge of driving on a revoked license.
In our view, the petitioner has failed to demonstrate that the evidence presented at the evidentiary hearing preponderates against the findings and Conclusions made by the trial court.
Accordingly, we affirm the judgment of the trial court.
Gary R. Wade, Presiding Judge CONCUR:
David H. Welles, Judge
Joe G. Riley, Judge
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