Eller v. State

HOLLAND, Justice:

Tommy C. Eller was convicted, after a jury trial in the Superior Court, of driving under the influence of alcohol. He was sentenced on July 6, 1987, to imprisonment for sixty (60) days, commencing on July 30, 1987. On July 15, 1987, Eller filed a motion for a new trial in the Superior Court. During the pendency of the new trial motion, the Superior Court stayed the execution of its sentence. The new trial motion, after briefing, was denied by a letter opinion dated August 12, 1987. The stay of execution was lifted by an order dated August 19, 1987. Eller applied to the…