 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Conn v. State6/22/1999
g Conn's trial. Lieutenant Brown testified that he did not administer any field sobriety tests to determine the presence of alcohol. However, he did observe that a twelve ounce can of beer fell from the car when Conn walked toward him, and that Conn staggered when walking and slurred his speech. Conn's breath smelled like alcohol, and he admitted to Lieutenant Brown of having had too much to drink. This evidence supported the guilty verdict and was sufficient testimony from which a jury could find Conn guilty of driving under the influence of alcohol. The trial court did not abuse its discretion in failing to grant a new trial.
. THE JUDGMENT OF THE CIRCUIT COURT OF DESOTO COUNTY OF CONVICTION OF FELONY DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND SENTENCE OF FIVE YEARS WITH THE LAST FOUR AND ONE-HALF SUSPENDED IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND FINE OF $1000 IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE TAXED TO APPELLANT.
McMILLIN, C.J., SOUTHWICK, P.J.,, COLEMAN, DIAZ, IRVING, LEE, PAYNE, AND THOMAS, JJ., CONCUR. BRIDGES, J., NOT PARTICIPATING.
|