State v. Wheeler

BERREY, Judge.

A jury found the defendant guilty of driving while intoxicated, a Class B misdemeanor and he was sentenced to pay a fine of $300, crime victim compensation and costs. It is from this guilty verdict that the defendant appeals.

Defendant alleges three points of error: (1) the court erred in permitting the state to use the results of a “Nystagmus” test; (2) the state was permitted to interrogate defendant as to attorney-client relationship and; (3) the court erred in permitting the state to offer testimony about a paper cup, when such cup had not been disclosed in discovery.

Briefly…