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Criminal Law: DWI-Sufficiency of Evidence
Staff Report//December 30, 2019
Defendant appealed from his DWI convictions, arguing that the trial court erred in not granting judgment of acquittal because the state failed to prove defendant was intoxicated at the time he was driving.
Where there was testimony from defendant’s girlfriend that defendant consumed alcohol before driving and defendant’s BAC at the time of his arrest indicated he had consumed alcohol prior to driving, there was sufficient evidence for the jury to convict defendant of DWI.
Judgment is affirmed.
State v. Ellis (MLW No. 74335/Case No. SD35781 – 4 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Appealed from circuit court, Maries County, Hickle, J. (Jedd Christian Schneider, Columbia, for appellant) (Evan Joseph Buchheim, Jefferson City, for respondent)
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