State v. Kinney

¶ 1. A jury convicted defendant Jeffrey Kinney of driving while intoxicated, third offense, and attempting to elude an officer while operating a vehicle. On appeal, defendant argues: (1) the trial court erred in admitting defendant’s refusal to take a preliminary breath test; (2) the prosecutor, in closing, impermissibly injected personal opinion about defendant’s credibility and commented on defendant’s failure to testify; and (3) the State failed to introduce sufficient identity evidence to support the verdict. We affirm.

¶2. The facts may be summarized as follows. A Bennington police…