Holloman v. State

Miller, Judge.

James Herbert Holloman was charged with two DUI counts — a “less safe” charge and a per se charge. Before trial, the State nolle prossed the per se charge, although it is unclear from the record whether the State redacted the per se charge from the accusation given to the jury for deliberations. Holloman was convicted on the “less safe” DUI charge and appeals, arguing that the court erred by refusing to answer a question posed by the jury that may have pertained to a per se charge. We discern no error and affirm.

In February 2001 at a roadblock, Holloman performed poorly on field…