State of Missouri v. Gary Preston Browning, Jr.

Gary Browning (“Browning”) appeals his conviction of driving while intoxicated as an aggravated offender following a jury trial. He complains that there was insufficient foundation to permit the admission of Sergeant Joe Kantola’s (“Sgt. Kantola”) testimony about the results of administration of the horizontal gaze nystagmus (“HGN”) test. Browning also questions the adequacy of the approved verdict director for driving while intoxicated, MAI-CR 3d 331.02, though he concedes that the trial court committed no error in tendering the instruction. Because any error in the admission of the results…