State v. Rivera

OPINION

GRANT, Judge.

Louie Ortiz Rivera (defendant) was found guilty by a jury of aggravated driving while under the influence of intoxicating liquor (“DUI”), a class five felony. The trial court imposed a seven-month term of unsupervised probation, and as a condition of probation, defendant was ordered incarcerated for not less than six months with the Department of Corrections with credit for six days time served. Timely notice of appeal was filed.

FACTS

On the evening of September 18, 1991, the defendant was at the Hungry Hunter Restaurant in Yuma, Arizona, where he had a few beers at the…