Mergenthaler v. State

HERRMANN, Justice:

This is an appeal from a sentence as a second offender under our Drunken Driving Statute, 21 Del.C. § 4176. 1

The defendant was charged with violating § 4176 in 1966. He was tried and convicted in the Court of Common Pleas and sentenced to pay a fine of $200. Upon his appeal from that conviction to the Superior Court, a jury found him guilty of violating § 4176. Thereafter, as part of the sentencing process, the Trial Judge inquired into a prior conviction of the defendant for a violation of 21 Del.C. § 4111 2 in 1961. Upon determining that the earlier conviction was for a…