State v. Cottrell

OPINION

WADE, Judge.

The defendant, Scottie Cottrell, appeals from his convictions for driving under the influence (second offense) and violation of the implied consent statute. In a bifurcated trial, the jury decided the issue of whether the defendant was guilty of DUI and violation of the implied consent law. By agreement, the trial judge determined whether the DUI offense was a first or second. After determin*675ing that it was the latter, the trial court sentenced the defendant to 11 months and 29 days with probation to be granted after 45 days in jail. A fine of $500.00 was imposed. His…