Cody v. State

Pope, Judge.

George Cody was convicted of operating a motor vehicle after having been declared a habitual violator (Count I) and driving under the influence of alcohol (Count II). He was sentenced under Count I to five years, to serve two, and under Count II to one year to be served concurrently with the sentence imposed under Count I. He brings this appeal following the trial court’s denial of his motion for new trial.

The issue presented for resolution by this appeal is whether appellant, at the time he committed the subject unlawful acts, was in fact a habitual violator so as to subject him…