PAREGIEN v. STATE

PAREGIEN v. STATE
1981 OK CR 74
630 P.2d 326
Case Number: M-80-17
Decided: 06/10/1981
Oklahoma Court of Criminal Appeals

An Appeal from the District Court of Oklahoma County, Robert D. Epperson, Judge.

Glyn Dale Paregien, appellant, was convicted of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, in Oklahoma County District Court, Case No. CRF-79-1015. He was sentenced to ten (10) days in the County Jail, a fine of One Hundred ($100.00) Dollars, and appeals. AFFIRMED.

Jess Horn, Oklahoma City, for appellant.

Jan Eric Cartwright, Atty. Gen. of Oklahoma, William S. Flanagan, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

BUSSEY, Judge:

[630 P.2d 327]

¶1 Appellant, Glyn Dale Paregien, was convicted in Oklahoma County District Court Case No. CRM-79-1015 of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, 47 O.S. 1971 § 11-902 [47-11-902]. He was sentenced to ten (10) days in the County Jail and a fine of One Hundred ($100) Dollars. A timely appeal has been perfected to this Court.

¶2 Appellant's sole assignment of error is that the trial court erred in failing to give sua sponte a jury instruction on the lesser included offense of Driving While Impaired. This proposition is not well taken.

¶3 Accordingly, this assignment of error is without merit. The judgment and sentence appealed from is hereby AFFIRMED.

BRETT, P.J., and CORNISH, J., concur.

Footnotes:

1 Speaking for himself, the author is of the view that he was in error in concurring in Jackson v. State, 554 P.2d 39 (Okl.Cr. 1976), wherein it was stated that Driving While Impaired, 47 O.S.Supp. 1978 § 761 [47-761], is a lesser offense included within Driving Under the Influence, 47 O.S.Supp. 1978 § 11-902 [47-11-902].