Feeney v. State

URBIGKIT, Justice.

Appellant claims prejudicial error occurred during his trial before a judge on charges of driving while under the influence of alcoholic beverages. Evidence of his refusal to submit to a sobriety test was inadvertently introduced, and appellant moved for a mistrial. The trial judge stated that she would disregard the inadmissible evidence, denied the motion for mistrial, and convicted the appellant.

We will affirm.

This appeal presents one primary question:

Did the trial court commit prejudicial error in denying a motion for a mistrial when, in a trial to the court,…