State v. Zoellner

REINHARD, Presiding Judge.

Defendant appeals after he was convicted following a bench trial of one count of driving while intoxicated (DWI), § 577.010, RSMo 1986. The court sentenced him as a persistent offender to a prison term of three years but suspended execution of the sentence and placed defendant on supervised probation for five years. We affirm.

The evidence reveals that on September 5, 1994, at approximately 3:00 p.m., David Valentine, a sergeant with the Cape Girardeau County Sheriffs Department, was driving north on Highway 61 near Fruitland, Missouri, when he encountered a…