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State v. Christmas12/28/2001
d Defendant guilty under Section 66-8-102(A) or (C), or both.
The Lack of a Special Verdict
Defendant argues that the jury should have been given a special verdict form that would indicate the theory or theories upon which the jury convicted him of DWI- Section 66-8-102(A) or (C), or both. We agree that if the evidence in this case were insufficient to sustain a conviction under one statutory theory, but sufficient under the other theory, a special verdict would have been helpful to this Court on appeal. However, as previously discussed, we are satisfied that the evidence supports a conviction under either theory, and therefore the lack of a special verdict, if error, is inconsequential to this appeal.
CONCLUSION
We affirm Defendant's conviction for DWI.
IT IS SO ORDERED.
RICHARD C. BOSSON, Chief Judge
WE CONCUR:
LYNN PICKARD, Judge
CYNTHIA A. FRY, Judge
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