State v. Howard

GILLETTE, P. J.,

Defendant appeals his conviction for the traffic crime of driving under the influence of intoxicants (DUII), raising only the question of whether he was denied the effective assistance of counsel because, after the state’s case in chief, his attorney failed to move for a directed verdict of acquittal on the ground that the state had failed to prove a material element of the crime. We do not find ineffective assistance of counsel on the face of this record, but we do find that the state proved only a Class A traffic infraction, and therefore remand for resentencing.

Defendant…