Roger Dale Guess v. State

MEMORANDUM OPINION

JAMES T. WORTHEN, Chief Justice.

Roger Dale Guess appeals his conviction for driving while intoxicated, a felony. In three issues, Appellant argues that the evidence was insufficient to prove that he operated a vehicle or that he was intoxicated when he did so, that the trial court erred by instructing the jury on the issue of Appellant’s refusal to take a breath test, and that the trial court erred by not instructing the jury on the lesser included offense of misdemeanor driving while intoxicated. We affirm.

Background

While on routine patrol on U.S. Highway 20 early one…