State v. David Wisowaty

¶ 1.

Skoglund, J.

Defendant David Wisowaty appeals the trial court’s decision denying his motions for judgment of acquittal and new trial. Defendant argues that the judge, sitting as factfinder, relied upon evidence not introduced at trial and that the evidence presented was insufficient to sustain a conviction; thus, the trial court erred in finding him guilty of excessive speed and negligent operation of a vehicle. We agree that the evidence was insufficient and therefore reverse the trial court’s denial of defendant’s motion for acquittal.

¶ 2. The undisputed factual background is as follows.…