Appling v. State

DOYLE, Presiding Judge.

After a jury trial, Robert Earl Appling was convicted of driving under the influence of drugs such that it was less safe to do so,1 for driving under the influence of alcohol such that it was less safe to do so,2 and for driving under the influence of two or more substances such that it was less safe to do so.3 On appeal, Appling argues that the trial court erred by denying his motion for new trial and motion to suppress the results of the field sobriety tests because he was in custody for purposes of Miranda v. Arizona4 and was not properly advised of his rights. We…