Taylor v. State

BROWN, Justice.

Appellant was convicted of driving while under the influence of intoxicating liquor (DWUI) and given a maximum sentence. He appeals from the sentence, contending that the justice of the peace court abused its discretion in giving him a maximum sentence. He also contends that the district court erred in affirming the sentence. He raised a jurisdictional issue after oral argument, which he and appellee briefed, by this court’s consent.

*1298We will affirm.

On August 5,1981, a jury found appellant guilty of DWUI. The sentencing statute at the time of this incident was § 31-5-233(d),…