State v. Surritte

HOLLIGER, Presiding Judge.

Tony Surritte was convicted following a jury trial of the Class D Felony of driving while intoxicated, § 577.010 RSMo.1994 1 and § 577.023.3, RSMo. Cum.Supp.1999, and the Class A misdemeanor of driving while revoked. § 302.321, RSMo. Cum. Supp.1999. Surritte presents two issues on appeal: (1) whether there was sufficient evidence that he was driving a motor vehicle and if he was that he was intoxicated at the time; and (2) that there was insufficient evidence to prove he was actually driving to support the driving while suspended charge, and that there was…