Lashley v. State

*846OPINION

PARKS, Judge:

The appellant, Jimmy W. Lashley, was tried by jury in Craig County District Court, Case No. CRM-86-20, and convicted of Driving Under the Influence of Intoxicating Substance (47 O.S.Supp.1985, § 11-902), before the Honorable David A. Box, Special District Judge. The jury set punishment at nine (9) months imprisonment and a one-thousand dollar ($1,000) fine. Judgment and sentence was imposed in accordance with the jury’s verdict. We reverse and remand for a new trial.

Appellant was arrested on January 26, 1986, on the Will Rogers Turnpike for DUI. The State’s evidence…