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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law : DWI – Review Of Testimony – Bench Trial

Criminal Law : DWI – Review Of Testimony – Bench Trial

Where a defendant in a DWI case argued that the trial court erred by reviewing a portion of the audio recording of the trial testimony before issuing a guilty verdict, the judgment is affirmed because the concern that a fact finder will give undue emphasis to particular testimony does not exist in a bench trial, and the court’s review was limited.

Judgment is affirmed.

State v. Hicks (MLW No. 67144/Case No. WD76416 – 7 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Ray County, Walden, J. (Gabriel E. Harris, Jefferson City, for respondent) (Margaret M. Johnston, Columbia, for appellant).

Read the full text of this opinion. (PDF)