Sullivan v. State

Miller, Judge.

Following a bench trial, Michael Sullivan was convicted of driving under the influence of alcohol to the extent it was less safe to do so.1 Sullivan appeals from the trial court’s denial of his motion for new trial, contending that the evidence was legally insufficient; the trial court improperly considered similar transaction evidence; and the trial court improperly considered Sullivan’s refusal to perform field sobriety tests. Finding no error, we affirm.

“On appeal from a criminal conviction that follows a bench trial, the defendant no longer enjoys a presumption of innocence,…