Penny v. State

OPINION

PARKS, Judge:

Stanley Dean Penny, appellant, was tried by jury and convicted of Driving Under the Influence of Intoxicating Liquor, Subsequent Offense (47 O.S.Supp.1984, § 11-902), in Case No. CRF-84-430, in the District Court of Carter County, the Honorable Thomas S. Walker, District Judge, presiding. The jury assessed punishment at imprisonment for five (5) years and a fine of $2,500. Judgment and sentence was imposed in accordance with the jury’s verdict, with all but the first eighteen (18) months imprisonment suspended. We affirm.

On the evening of December 15,1984, an Ardmore,…