State v. Tice

JEFFREY W. BATES, J.-OPINION AUTHOR

Perry Tice (Defendant) was charged as an aggravated offender with the class C felony of driving while intoxicated (DWI). See §§ 577.010, 577.023.1 A jury found Defendant guilty as charged, and the trial court imposed a four-year sentence.

Defendant presents two points, the first of which is dispositive. He contends the trial court abused its discretion in admitting the arresting officer's testimony about the results of an "improperly administered HGN test" because "an adequate foundation was not established[.]" We disagree and affirm.

"We consider the facts…