Floyd v. State

Blackburn, Judge.

Donald Tyrus Floyd appeals the jury’s verdict convicting him of driving under the influence and improper lane usage. He claims that the trial court erred in denying his motion for mistrial based upon certain references the prosecutor made in opening statements. He also contends that the court’s sentence is contrary to the applicable sentencing statute.

1. Floyd moved for a mistrial in response to certain references made by the prosecutor during the State’s opening statement, and contends that the trial court erred in denying his motion. The standard of review applied by this…