Hewett v. State

Miller, Judge.

A jury found Gene Hewett, Jr. guilty under Count 1 of driving under the influence to the extent it was less safe for him to drive1 and guilty under Count 2 of driving a moving vehicle while his alcohol concentration was more than 0.10 grams (a “per se” violation)2 using the same factual scenario. Observing that the two counts were in the alternative and were to be sentenced as though they were one count, the judge gave Hewett a single sentence. The judge failed to identify which count merged into the other or to identify on which count he was sentencing Hewett.

Where two DUI…