State v. Martin

LANSING, Judge.

Kelly Lamar Martin appeals his sentence for felony eluding a police officer. Martin contends that the trial court’s determination, for sentencing purposes, that he was under the influence of drugs at the time of the offense was in error because that circumstance was not proven by a preponderance of the evidence. Martin also contends that the court abused its discretion by imposing an excessive sentence.

I

FACTUAL AND PROCEDURAL BACKGROUND

According to the State’s trial evidence, late one evening Deputy Brent Hilliard attempted to stop Martin on suspicion that he was driving under…