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Partin v. Commonwealth11/5/2004
ecord contains substantial evidence concerning appellant's demeanor and actions from which the jury could reasonably conclude that appellant's driving ability was impaired by the presence of alcohol, marijuana, or both, we find no manifest injustice in the giving of the instruction as drafted.
Finally, appellant argues that he was substantially prejudiced when the jury was allowed to consider sentences for his misdemeanor convictions at the same time as felony convictions, citing Newton v. Commonwealth, and Commonwealth v. Philpot. While the sentencing procedure utilized in appellant's case did not comport with the guidelines set out in those cases, appellant suffered absolutely no prejudice from the error. Appellant's misdemeanor sentences of less than one year were ordered to run concurrently with his four-year felony sentences and thus he would not serve any time in addition to his felony sentences. Furthermore, the jury had already convicted appellant on the misdemeanor convictions prior to hearing evidence of his prior convictions in the sentencing phase. Under the facts of this case, no palpable error is presented.
The judgment is affirmed.
ALL CONCUR.
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