State v. Duncan

WILLIAM W. FRANCIS, JR., J.

Beverly Duncan (“Duncan”) appeals her conviction by a jury for one count of the class B misdemeanor of driving while intoxicated, a violation of section 577.010.1 Duncan was sentenced by the trial court to ninety days “in the custody of the Sheriff of Phelps County” with execution of that sentence suspended with Duncan placed on two years’ probation. In her sole point relied on, Duncan challenges the trial court’s exclusion of a witness disclosed to the State on the day of trial. We affirm the judgment and sentence.

Factual and Procedural Background

Given the narrow…