State v. Smerker

¶1 Randy Blaine Smerker (Smerker) appeals from the judgment entered by the Twelfth Judicial District Court, Hill County, on his conviction for driving under the influence of alcohol (DUI), fourth or subsequent offense, a felony. We affirm.

¶2 Smerker raises the following issues on appeal:

¶3 1. Did the District Court err in denying Smerker’s motion to dismiss based on a violation of his right to receive an independent examination of his blood alcohol concentration?

¶4 2. Did the District Court abuse its discretion in denying Smerker’s motion for a new trial based on attorney conflict of interest?