State v. Falcone

CROW, Judge.

The sole issue on appeal in this judge-tried case is whether the evidence was sufficient to support Appellant’s conviction of driving while intoxicated where the prosecution’s theory was that Appellant operated a motor vehicle while in a dragged condition.

Section 577.010.11 reads:

“A person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle while in an intoxicated or dragged condition.”

Section 577.001.2 reads:

“As used in this chapter, a person is in an ‘intoxicated condition’ when he is under the influence of ... a ... drug-”

Neither side cites a case…