DWI
Evidence showed causation between substances and impairment
Preservation of any other error for appellate review after a jury trial required a motion for new trial, except sufficiency of the evidence, which was always subject to review on the merits. On a charge of driving while intoxicated, the state had to show that a substance impaired the driver. Those findings had support in evidence that the driver was disoriented, manifested physical signs of intoxication, had alcohol and methamphetamine in his system, and drove erratically. Expert testimony supported a causal link between the substances and the impairment. The driver’s blood on a bag of methamphetamine supported a reasonable inference of possession and contrary inferences were irrelevant. Otherwise, a motion for new trial filed late preserved nothing for appellate review, and the defendant did not plead plain error. The Missouri Court of Appeal affirmed the convictions.
STATE OF MISSOURI, Respondent vs. KENTON COWGILL, Appellant
Missouri Court of Appeals-Southern District – SD38166
