Masood v. State

Dillard, Judge.

Following a jury trial, Naveed Masood was convicted of one count of driving under the influence to the extent that he was a less-safe driver (DUI less-safe)1 and acquitted by the jury of failing to maintain his lane.2 On appeal, Masood argues that the trial court erred in denying his motion for “judgment notwithstanding the verdict” because the jury’s acquittal on the second count resulted in a fatal variance between the State’s accusation for DUI less-safe and the theory under which he was convicted. For the reasons set forth infra, we affirm.

Viewed in the light most favorable…