State v. Gabryschak

Kennedy, A.C.J.

Scott Gabryschak appeals his convictions of felony harassment and third degree malicious mischief, contending, among other things, that the trial court improperly denied him a voluntary intoxication instruction. At trial, State’s witnesses testified that Gabry-schak was intoxicated on the night of his arrest. Gabry-schak did not testify and did not call witnesses. Contrary to the trial court’s apparent understanding, a defendant need not call witnesses or testify in order to meet the burden of showing evidence of intoxication and its effects, in that such evidence can be…