Opinion
C.C.A. No. 02C01-9507-CC-00203.
October 17, 1996.
APPEAL FROM BENTON COUNTY, HON. JULIAN P. GUINN, JUDGE
For the Appellant: GUY WILKINSON, Public Defender, LARRY G. BRYANT, Asst. Public Defender.
For the Appellee: CHARLES W. BURSON, Attorney General Reporter, MARY ANNE QUEEN, WILLIAM DAVID BRIDGERS, Asst. Attorney General, ROBERT "GUS" RADFORD, District Attorney General, TODD A. ROSE, Asst. District Attorney General.
AFFIRMED — RULE 20 ORDER
ORDER
This is an appeal as of right by the defendant from six convictions resulting from a jury trial held on February 21, 1995. The defendant was charged and convicted of three counts of operating a motor vehicle after having been declared a habitual motor offender, one count of assault, one count of operating a motor vehicle without proper registration, and one count of driving while under the influence of an intoxicant. These offenses occurred over a period of time from April 4, 1994, through August 25, 1994.
In this appeal, the defendant contends that the evidence is insufficient to support his convictions. More specifically, he contends that he struck the victim only to protect his property or remove her from his premises; that the blood sample drawn to test his blood alcohol content was unreliable since the defendant had consumed alcohol after he was observed driving and before being taken into custody; and that one of the three convictions relied upon to support his habitual motor offender status should be reversed. Our review of the record reveals that the assault on the victim was not the result of an effort to remove the victim from the defendant's premises, that the proof of intoxication, exclusive of the blood test, was overwhelming in support of the defendant's intoxicated condition at the time he operated the motor vehicle, that the order finding the defendant to be a habitual motor offender was in effect at the time of his operation of the motor vehicles, and that neither the predicate offenses nor the finding of habitual motor offender status had been set aside at the time of these convictions.
Having found the defendant's issue to be totally without merit, his convictions are affirmed pursuant to Rule 20 of the Court of Criminal Appeals.
______________________________________ JOHN H. PEAY, Judge
CONCUR:
______________________________________ DAVID H. WELLES, Judge
______________________________________ CORNELIA A. CLARK, Special Judge