State v. Hoeber

GARY M. GAERTNER, Presiding Judge.

Defendant Daniel P. Hoeber appeals from his conviction for driving while intoxicated, a violation of RSMo § 577.010 (1986). He was sentenced to 90 days imprisonment. Defendant raises two points on appeal. He alleges that there was insufficient evidence to prove that he was operating a motor vehicle while in an intoxicated condition. Defendant also argues that the trial judge should have disqualified himself. Finding defendant’s contentions to be without merit, we affirm.

Officers Ryan and Bernard found defendant at 4:10 a.m. behind the steering wheel of his…