Baker v. State

OPINION

COATS, Chief Judge.

A jury convicted Fred A. Baker of felony driving while intoxicated1, felony refusal to take a breath test,2 driving with license revoked,3 and criminal mischief in the third degree.4 Superior Court Judge Gregory J. Moytka sentenced Baker to 11½ years’ imprisonment. In his written judgment, Judge Motyka made this sentence consecutive to Baker’s former sentence for felony driving while intoxicated and felony refusal to take a breath test, a sentence of 5 years of imprisonment, resulting in a composite sentence of 16½ years of imprisonment.

On appeal, Baker argues that…