Honeycutt v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for the felony offense of driving a motor vehicle upon a public highway while intoxicated. The punishment was assessed at five (5) years by the court following a verdict of guilty.

Initially appellant contends the trial court “erred in overruling motion to suppress evidence obtained by virtue of unlawful arrest without warrant and resulting unlawful search and seizure.” The motion to suppress sought to exclude testimony of the officers as to appellant’s condition at time of arrest and results of the breathalyzer test.

Thus the…