Stewart v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Following a jury trial, Fate Thomas Stewart, Jr. was convicted of Operating a Vehicle While Intoxicated, as a Class A misdemeanor, and sentenced to one year executed with a 90 day credit against the sentence. Stewart appeals and raises the following two issues for our review:

1. Whether the trial court erred when it admitted the results of Stewart's breathalyzer test.

2. Whether the trial court erred when it sentenced Stewart to the maximum one-year sentence without having articulated aggravating and mitigating circumstances.

We affirm.

FACTS AND…