Cash v. the State

PHIPPS, Presiding Judge.

After a bench trial, Joshua William Cash was convicted of driving under the influence of alcohol. He appeals, challenging the sufficiency of the evidence. He also argues that the trial court erred in denying his motion to suppress. For reasons that follow, we reverse and remand for further proceedings.

1. In reviewing Cash’s sufficiency challenge, we construe the evidence in the light most favorable to the verdict, and Cash no longer enjoys a presumption of innocence. We neither weigh the evidence nor assess witness credibility, but merely determine whether the trial…