People v. Weathington

Opinion

PREMO, Acting P. J.

Defendant David Livingston Weathington appeals from conviction at jury trial of one count each of felony driving under the influence of alcohol with three or more priors for which he received a prison sentence, and misdemeanor driving on a suspended license. He claims that the court erred in instructing the jury and in refusing to bifurcate the trial of the priors. We agree with the latter contention, and therefore vacate the sentence. However, we affirm the judgment of conviction.

Facts

On April 14, 1990, appellant drove into a gas station and pulled up at the…