Olmstead Can't Appeal Felony DWISentence

A state appellate court has ruled a Chase Mills man convicted of drunken driving can't appeal his sentence.

George E. Olmstead Jr., 52, was convicted last February in St. Lawrence County Court of felony driving while intoxicated and given a one- to three-year state prison sentence. He is at Marcy Correctional Facility, Oneida County.

He was accused of driving drunk when he was stopped March 28, 2008, by state police on County Route 14 in the town of Louisville. His blood alcohol content was 0.08 percent, the threshold to be considered intoxicated under state law.

The Appellate Division of state Supreme Court in Albany ruled Thursday that "there are no nonfrivolous issues to be raised on appeal."

Mr. Olmstead, who has a history of drunken-driving convictions, also was convicted last February on felony leaving the scene of an accident without reporting. County Judge Jerome J. Richards sentenced him to 2 1/3 to seven years in prison. He's serving those sentences consecutively.

He was accused of hitting Matthew N. Caldwell, 12, with a pickup March 9, 2008, on Chase Mills Road in the town of Madrid. Matthew, who was driving a snowmobile when he was hit, later died of his injuries.

The leaving the scene of an accident without reporting charge wasn't raised in the decision.

Mr. Olmstead has a parole hearing scheduled in August and has a conditional release date of November 2014, according to state Department of Correctional Services records.