Gilbert v. State

BUCHANAN, Judge.

CASE SUMMARY

Defendant-appellant Charles Gilbert (Gilbert) appeals from his conviction for operating a vehicle while intoxicated,1 claiming that the trial court erred when it failed to dismiss the State's Petition to Execute Sentence.

We affirm.

FACTS

The facts most favorable to the trial court's judgment reveal that Gilbert was charged with operating a motor vehicle while intoxicated, a class A misdemeanor, and operating a vehicle with blood alcohol content over .10 percent,2 a class C misdemeanor, on September 14, 1987. On January 27, 1988, Gilbert entered into a plea agreement…