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Where a defendant, who was convicted of charges including second-degree murder following a drunk driving accident, argued that the state inaccurately defined reasonable doubt and impermissibly used excessive emotion during closing argument, the judgment is affirmed because the jury was properly instructed under MAI-CR 302.04, and the trial court did not err in granting the state’s motion in limine prohibiting the use of three prior DWI violations to impeach the testimony of a witness, and the evidence was sufficient to show that the defendant resisted a lawful stop in a manner that created a substantial risk of serious physical injury or death.
Judgment is affirmed.
State v. Ryland (MLW No. 71067/Case No. WD79762 – 17 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.) Appealed from circuit court, Jackson County, Powell, J. (Daniel N. McPherson for respondent) (Keith P. O’Connor for appellant).
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