State Appeals Court Upholds Starke County Conviction and Sentence

 A state appellate court weighs in on a conviction and sentence in Starke Circuit Court. A jury found Donald Frazier guilty of a felony offense of operating while intoxicated with a prior conviction and misdemeanor possession of paraphernalia. The charges stem from an Oct. 31, 2013 traffic stop and arrest in Hamlet.

Frazier’s appeal contends the state did not provide sufficient evidence that he was operating while intoxicated and that his three-year sentence was too harsh. The appellate court disagreed. They found the state presented sufficient evidence to prove Frazier operated his vehicle while intoxicated. They also deemed his sentence “well supported by his extensive criminal history.” It consists of seven misdemeanors and four felonies and includes convictions for battery resulting in bodily injury, possession of marijuana, maintaining a common nuisance, operating while intoxicated and resisting law enforcement. Court documents also indicate Frazier’s probation was revoked in six prior cases, and he was on probation at the time of his arrest. The appellate court found Frazier to be “among the worst offenders” with regard to alcohol-related offenses.

Click to read the appellate court ruling.