Berry v. State

834 P.2d 1002 (1992)

Bobby Merrill BERRY, Appellant,

v.

STATE of Oklahoma, Appellee.

No. F-89-118.

Court of Criminal Appeals of Oklahoma.

June 25, 1992.

James English, III, Ardmore, for appellant.

Robert H. Henry, Atty, Gen., Steven Spear Kerr, Asst. Atty, Gen., Oklahoma City, for appellee.

OPINION

LUMPKIN, Vice-Presiding Judge:

Appellant Bobby Merrill Berry was tried by jury and convicted of Driving Under the Influence of Intoxicating Liquor, Second Offense, in violation of 47 O.S.Supp. 1986, § 11-902, in the District Court of Carter County, Case No. CRF-87-351. The jury recommended punishment of one…