Gardner v. State

JOHNSON, Presiding Judge.

After a bench trial, Rhonda Gardner was found guilty of driving under the influence of alcohol, failing to maintain lane, and driving a vehicle without a valid registration decal. She appeals, contending that the state failed to prove that the incidents occurred on the date set forth in the accusation. We affirm the convictions.

Gardner claims the accusation alleged she committed the offenses on February 17, 2001, while the police officer testified that the events took place on January 27, 2001. She urges that she preserved the argument by moving for a directed verdict…