State v. Walter

GEORGE M. FLANIGAN, Senior Judge.

A jury found defendant guilty of driving while intoxicated (Count I), and two other offenses and he was sentenced to jail terms totalling 270 days. Defendant appeals.

Defendant’s first point is that the trial court erred in permitting the state, at the close of its evidence, to amend Count I from charging defendant with driving “while under the influence of alcohol” to driving “while intoxicated” because “defendant’s defense, that he was not under the influence of alcohol but was under the influence of legally prescribed medications for psychological problems,…