Gay v. State

OPINION

PARKS, Judge:

The appellant, Elmer Ossie Gay, was tried by jury and convicted of Driving While Under the Influence of Intoxicating Liquor, Second Offense, in violation of 47 O.S.Supp.1984, § 11-902, in Tulsa County District Court, Case No. CRF-84-4333, before the Honorable Donald C. Lane, District Judge. The jury recommended a sentence of five (5) years imprisonment and a fine of $500.00. Judgment and sentence was imposed in accordance with the jury’s verdict. We affirm.

On November 4, 1984, between 4:30 and 5:00 p.m., Officer Richard Bondy of the Tulsa Police Department observed a green…