Verscharen v. State

Banke, Presiding Judge.

Mark Verscharen brings this appeal from his conviction of driving under the influence of alcohol. Although the record before us does not contain a copy of the accusation upon which the appellant was tried, it is apparent that a charge of “improper driving on roadway” was also set forth in the accusation but was merged with the driving under the influence charge during sentencing. Verscharen contends on appeal that the trial court erred in denying his pre-trial motion to dismiss the charges against him based on the state’s failure to try him within the next succeeding…