State v. Johnson

KAROHL, Judge.

Defendant, Johnnie Lee Johnson, was charged, jury tried, convicted and sentenced for driving while intoxicated, a class D felony, in violation of Section 577.010 RSMo 1994. The trial court sentenced defendant as a prior and persistent offender to serve a term of five years.

The sole issue on appeal is whether there is sufficient evidence to support a finding that defendant was intoxicated when operating a motor vehicle on Perryville Road in Cape Girardeau County on November 17, 1994. At trial, defendant informed the jury in his opening statement that at approximately 9:55 p.m., a…