State v. Roberson

OPINION

BIRCH, Judge.

The Criminal Court of Carter County entered judgment upon a jury verdict convicting Gary P. Roberson, the defendant, of operating a motor vehicle while under the influence of an intoxicant (third offense)1 and resisting arrest2. For driving while intoxicated, the trial judge imposed a sentence of eleven months twenty-nine days. After serving 150 days of this sentence in jail, the defendant is to be on probation for the remaining term. Also, for resisting arrest the defendant must serve an additional five days in jail.

In this appeal of right, the defendant presents for our…