Diehlmann v. State

CHEZEM, Judge.

Case Summary

Defendant-Appellant, Dichlmann, appeals his conviction of Operating While Intoxicated, a class A misdemeanor. We affirm.

Issues

I. Whether the trial court erred by not giving Defendant's final instruction # 1.

II. Whether there was sufficient evidence to sustain the conviction.

Facts

On May 28, 1987, at approximately 2:80 A.M., Defendant was driving a 1977 blue Chevrolet Nova on Indiana Avenue in Bloomington, Indiana. Officers Joseph Flynn and David Kidd of the Indiana University Police Department were on patrol and observed the vehicle swerve and almost strike a curb.…