Burke v. State

Johnson, Presiding Judge.

Patrick Burke was charged by accusation with driving under the influence to the extent he was a less safe driver and making an improper left turn. At the close of evidence, the trial court directed the jury to enter a verdict of guilty on the improper turn charge. The jury did so and also found him guilty on the DUI charge. Burke appeals from the convictions entered on the guilty verdicts.

1. Burke correctly asserts, and the state concedes, that the trial court erred in directing a verdict of guilty on the improper turn charge. The court cannot direct a jury to return…