State v. Franklin

¶ 1. Defendant, Lynda Franklin, was convicted of perjury pursuant to 13 V.S.A. § 2901 based on her testimony given during a prior prosecution for driving while intoxicated (DWI), that she had not operated a vehicle while she was intoxicated. Defendant appeals, and we affirm.

¶ 2. Defendant and Garth Ely were living together when police responded to Ely’s telephone call informing police that defendant was drunk and had driven a vehicle while intoxicated. That day, Ely gave a statement to the police that defendant drove a truck to her parent’s house. Three criminal proceedings arose out of this…