Smith v. State

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

Reid R. Smith was convicted following a jury trial of Operating a Vehicle While Intoxicated ("OWI"), as a Class A misdemeanor. Smith stipulated that he had a prior OWI conviction within the past five years, and the trial court entered a judgment of conviction as a Class D felony. He appeals, presenting the following restated issues for our review: 1

1. Whether the trial court abused its discretion when it admitted evidence of field sobriety tests without a scientific foundation.

Whether the trial court abused its discretion when it excluded the results of…