Zehr v. State

OPINION

SHARPNACK, Chief Judge.

Scott Zehr appeals his conviction for driving while intoxicated ("DWI"), a class D felony. Zehr raises one issue for review which we restate as whether the trial court violated double jeopardy principle by convicting Zehr of a felony offense after he had already pleaded guilty to a lesser included misdemeanor offense. We affirm.

The facts most favorable to the judgment follow. On January 17, 1991, Zehr was arrested for DWI.1 On March 18, 1991, he *669filed a notice of intent to plead guilty and a motion to participate in the Alcohol Abuse Deterrent Program ("AAD…