Sturgeon v. State

ROBERTSON, Judge.

Denzil D. Sturgeon appeals his conviction of operating a motor vehicle while intoxicated, a class D felony. He alleges the trial court's jury instructions impermissibly shifted to him the burden of persuasion on the element of intoxication. 2

We reverse.

The Due Process Clause of the Fourteenth Amendment protects the accused against conviction except upon proof beyond a reasonable doubt of every fact nee-essary to constitute the crime with which he is charged. Francis v. Fronklin (1985), 471 U.S. 807, 814, 105 S.Ct. 1965, 1971, 85 LEd.2d 344 citing In re Winship (1970), 397…