State v. Lyon

OPINION

BIVINS, Judge.

Convicted of driving under the influence (DWI) by a metropolitan court jury, defendant appealed to the district court for a trial de novo, where the district court, without a jury, convicted defendant. He appeals that conviction, raising two issues:

1. Whether the district court erred in refusing to suppress the results of defendant’s breath alcohol test when defendant’s warrantless misdemeanor arrest was made by an officer who did not observe defendant driving under the influence; and

2. Whether the district court improperly denied defendant a trial by jury.

We affirm.

1.…