Staten v. State

OPINION

BUSSEY, Judge:

The appellant, Lonnie Doyle Staten, was convicted of the crime of Driving Under the Influence of Alcohol, Second Offense, in the District Court of Kay County, Case No. CRF-84-64 and was sentenced to three (3) years’ imprisonment with two (2) years’ suspended, and he appeals.

Briefly stated the pertinent facts are that on March 16, 1984, appellant, who was driving his vehicle, was stopped due to a faulty tail light. The officer who stopped appellant observed that appellant was staggering, spoke slowly and smelled of alcohol. Appellant was arrested and transported to the…