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Winstead v. State

The defendant could not complain that the trial court failed to require him to install an ignition interlock device on his second conviction for DUI in five years, since the trial court's sentence was more lenient than that permitted by statute.

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On November 10, 2004, the appellant, Daniel Winstead, pled guilty to driving under the influence. This was Winstead’s second conviction for driving under the influence in five years. In sentencing Winstead, the trial court did not require Winstead to install an ignition interlock device on his vehicles pursuant to the provisions of OCGA § 42-8-111 and OCGA § 42-8-112. Winstead subsequently filed a motion to set aside his sentence, contending that the trial court was required to order him to install an ignition interlock device. The trial court denied Winstead’s motion, and Winstead has now filed this appeal, contending that the trial court erred in not setting aside his sentence. Winstead’s sentence, however, was more lenient to him than permitted under OCGA § 42-8-111. In situations where a defendant has received a sentence that is too lenient under the law, it has been held that a “defendant will not be heard to complain on appeal that he was ‘accorded an unmerited privilege with beneficent results.’ “1 Accordingly, the trial court in the present case did not err in denying Winstead’s motion to set aside his sentence.2 Judgment affirmed . All the Justices concur .

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