Gaines v. State

Fletcher, Justice.

Appellant Mack Edward Gaines appeals his habitual violator conviction on constitutional grounds. Gaines was indicted with one count each of habitual violator and giving a false name to a law enforcement officer and with two counts of DUI. After a bench trial, the trial judge found Gaines not guilty of the charge of giving a false name to a law enforcement officer, but guilty of the charges of habitual violator and DUI. Gaines was sentenced to six years imprisonment, three to serve. We affirm.

Responding to a “suspicious character” call, the arresting officer discovered Gaines…