State v. Wyatt

MAUS, Presiding Judge.

In a trial without a jury, the court found defendant Billy D. Wyatt guilty of driving while intoxicated, § 577.010, and to be a persistent offender, § 577.023.1(2). The defendant was sentenced to imprisonment *481for three years. There was an abundance of evidence from the testimony of the arresting highway patrolman, and the results of a breathalyzer test, to establish that defendant did operate a motor vehicle in an intoxicated condition, in violation of § 577.010. Defendant’s sole point on appeal is that the trial court erred in not finding his conduct was not criminal…