State v. McKinney

OPINION

PEAY, Judge.

The defendant was indicted for driving under the influence (DUI) and driving on a revoked license (DORL). There was also a third count alleging a prior DUI conviction. After a jury trial, during which the DORL charge was dismissed, the defendant was convicted of DUI. The jury additionally found it to be a second offense. In this direct appeal, the defendant claims that the trial judge should have granted a mistrial, and that the third count of his indictment should have been dismissed because the prior conviction preceded his current conviction by more than ten years. We…