Southerton v. State

Carley, Presiding Judge.

After a jury trial, appellant was found guilty of driving under the influence and failure to dim headlights. A motion for new trial on the ground that appellant had been denied effective assistance of trial counsel was denied. Appellant appeals, enumerating as error only the denial of his motion for new trial.

Appellant’s primary contention is that his trial counsel was ineffective because he refused to call one witness and failed to secure the testimony of another. However, his trial counsel addressed this issue at the hearing on the motion for new trial and his…