State v. Marbury

OPINION

SUMMERS, Judge.

Appellant Rodney Marbury was convicted by a jury of driving under the influence of an intoxicant. The Circuit Court at Fayette County denied his motion for a new trial. Marbury appeals, challenging the sufficiency of the convicting evidence. We respectfully reverse the judgment of the trial court and dismiss the DUI conviction.

At trial the state called three Somerville police officers as witnesses. The defense rested without offering any proof. There is no transcript of the evidence in the record on appeal. Pursuant to T.R.A.P. 24(e), Marbury prepared a statement of the…