Legal Opinion

STATE OF MISSOURI v. SONNIE KORAN JOHNSON

Missouri Court of Appeals

Decided May 11, 2016No. SD33986PublishedCited by 1 opinion

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

  1. State v. RoseMissouri Court of Appeals · 2002
  2. State v. BurksMissouri Court of Appeals · 2012
  3. State v. KnifongMissouri Court of Appeals · 2001
  4. State of Missouri v. Gary Preston Browning, Jr.Missouri Court of Appeals · 2015
  5. State v. WilliamsMissouri Court of Appeals · 1992

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3Cited by1 opinion

  1. State v. TiceMissouri Court of Appeals · 2018

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