Bollen v. State

Smith, Judge.

Appellant was convicted of 1) driving under the influence of alcohol and 2) operating a motor vehicle in violation of Code § 68B-308 (c). We affirm.

1. In his first enumeration of error, appellant asserts that the trial court “erred in overruling the defendant’s objection to the State’s reference during opening and closing arguments and during trial to the defendant’s alleged Habitual Violator status on the grounds that it unduly and unnecessarily prejudiced the jury in its fact finding duty regarding matters unrelated to recidivism.” We disagree.

“The very essence of the crime [of…