State v. Favel

¶1 Jackie Lee Favel appeals her felony conviction from the Twelfth Judicial District Court, Hill County, for driving under the influence of alcohol (DUI). We affirm.

¶2 Favel raises the following issue on appeal, which we restate as follows:

Did the prosecution improperly comment upon the inference of intoxication contained within § 61-8-404(2), MCA, and assert that Favel was responsible for establishing her innocence, thereby denying Favel her due process right to a fair and impartial trial?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On September 21,2012, the Havre Police Department received a report…