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).
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