Gessman v. State

OPINION

BRETT, Judge:

Appellant, Fred Gessman, hereinafter referred to as defendant, was convicted in the District Court of Lincoln County, Case Number CRF-70-37, of driving while intoxicated, second offense (47 O.S., § 11-902). Defendant was tried in a two-stage proceeding and the jury assessed the punishment at not less than one (1) nor more than three (3) years imprisonment and a fine of Two Hundred Fifty Dollars ($250.-00). Judgment and sentence was imposed on November 6, 1970, and this appeal perfected therefrom.

The evidence established that on May 23, 1970, Donna Sue Turk was driving a…