Sims v. State

John A. Fogleman, Justice.

Only questions of law are raised in this appeal. It is submitted upon a stipulation of facts. It is stipulated that appellant was convicted of driving while under the influence of intoxicants on July 9, 1974 and again on November 2, 1974. He was again charged with the same offense on March 26, 1976, and it was alleged to be a third offense under the provisions of Act 931 of 1975. He has never contended that he was not guilty of the basic charge in the last instance, but has consistently contended that the offense was a first offense and that the punishment imposed…