State v. Holmes

OPINION

STONEBURNER, Judge.

Appellant Frank Eugene Holmes challenges the sufficiency of the evidence to support his conviction of first-degree driving while intoxicated and argues that the district court erred in ordering his previously imposed sentence for gross-misdemeanor DWI to run consecutive to the subsequently imposed felony DWI sentence. Appellant also asserts that the district court erred by using a criminal-history score of five, including one custody-status point, in his felony sentencing.

FACTS

Appellant’s father, Frank Wayne Holmes (“father”), testified that on the day of appellant’s…