STATE OF MISSOURI v. SONNIE KORAN JOHNSON
Missouri Court of Appeals
1Opinion of the CourtDaniel E. Scott, P.J.
Sonnie Johnson appeals his chronic-offender DWI conviction, §§ 577.010, 577.023.1(2), claiming that (1) horizontal gaze nystagmus (HGN) test results were admitted without proper foundation; and (2) there was insufficient evidence of his intoxication apart from the HGN testimony. 1 We affirm the judgment.
Applicable Legal Principles
“Intoxication sufficient to sustain a [DWI] conviction pan be proved by any witness who had a reasonable opportunity to observe an alleged offender.” State v. Williams, 847 S.W.2d 111, 113 (Mo.App.1992).
-• [2] The foundation to admit HGN results is twofold: (1) the…
2Cases cited6 opinions
- State v. RoseMissouri Court of Appeals · 2002
- State v. BurksMissouri Court of Appeals · 2012
- State v. KnifongMissouri Court of Appeals · 2001
- State of Missouri v. Gary Preston Browning, Jr.Missouri Court of Appeals · 2015
- State v. WilliamsMissouri Court of Appeals · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. TiceMissouri Court of Appeals · 2018