State v. Nelson

SILAK, Judge.

Appellant Tony Nelson was convicted after a court trial of the felony offense of aggravated driving while under the influence of an intoxicating substance, I.C. §§ 18-8004 and 18-8006. On appeal, Nelson argues that (1) an essential element of the offense of aggravated driving must be proof by the state beyond a reasonable doubt that the intoxicated condition of the defendant was the legal cause of the victim’s great bodily injury, and that this element was not proved in his case; and (2) that his right to due process was denied because the statute under which he was prosecuted,…