Attorney Marc W. Edwards has filed a notice of intent to appeal a judgment and sentencing handed down by Municipal Judge Alan Kirk to the First Judicial District Court on behalf of his client, Coleman A. Smith of Los Alamos.
Smith had pleaded not guilty but Judge Kirk found him guilty Sept. 22 of the charges of driving while under the influence of intoxicating liquor or drugs and prohibited activities while driving.
On the DUI charge, Smith received a sentence of 90 days in jail with 87 days suspended. He was ordered to pay a $500 fine or do community service at a rate of $10 an hour within 90 days. He also was sentenced to a year of supervised probation and 48 hours of community service.
Smith was sentenced to a $50 fine to be paid within 90 days for the prohibited activities while driving charge. Edwards told the Los Alamos Daily Post Monday that his client is seeking a new trial in District Court.