State v. Sales

MONTGOMERY, Judge.

REVERSED

The trial court found Defendant guilty of driving while intoxicated in violation of § 577.010.1 Defendant appeals, contending the evidence was insufficient to support the judgment of conviction. Examination of the record shows that this contention is meritorious, and therefore the judgment must be reversed.2

Rule 27.01(b)3 states that the findings of the court in a bench-tried criminal case shall have the force and effect of a verdict of the jury. In reviewing a challenge to the sufficiency of the evidence, appellate review is limited to a determination of whether…