State v. Myers

CROW, Presiding Judge.

A jury found Appellant guilty of the class D felony of driving while intoxicated. §§ 577.010.1 and 577.023.3, RSMo 1994. The trial court imposed a prison sentence. This appeal followed.

Appellant’s sole point relied on maintains the evidence was insufficient to support the conviction in that the only evidence the State presented to prove intoxication was the arresting officer’s testimony that Appellant failed the “horizontal gaze nystagmus” (“HGN”) test. Citing State v. Wheeler, 764 S.W.2d 523 (Mo.App. W.D.1989), Appellant asserts: “Missouri does not recognize this test…