State v. Duncan

OPINION

JAMES R. DOWD, Judge.

This case presents a question of when the introduction of inadmissible evidence rises to the level of prejudice necessary to reverse a jury verdict.

Ronald Duncan appeals from his conviction for driving while intoxicated pursuant to § 577.010 RSMo (1994). We accept as true all the evidence favorable to the state, including all favorable inferences drawn from the evidence. State v. Smith, 11 S.W.3d 733, 736 (Mo.App.E.D.1999).

On October 17, 1998, at approximately 2:00 a.m., State Highway Patrol Trooper Russ Sargent observed Ronald Duncan speeding. As Sargent’s vehicle…