Lathan v. State

OPINION

SINGLETON, Judge.

Calvin Lathan appeals his conviction for driving while intoxicated (DWI), AS 28.35.-030. We affirm.

There is no dispute as to the facts surrounding Lathan's offense. The following report of the facts is taken from Lathan’s brief on appeal.

On the night of September 29-30, [1984], Mr. Lathan had driven his 1980 Chevrolet [Monza] from the O.K. Corral, where he had consumed some beer, to the College Inn liquor store. At that time Mr. Lathan had not consumed enough alcoholic beverages to be “under the influence.” When he arrived at the College Inn just before midnight, Mr.…