DWI
Circumstantial evidence showed operation of motor vehicle
For a conviction to stand on appeal did not require the State “to disprove every possible theory under which a defendant could be innocent, but instead [to] present sufficient evidence from which a trier of fact could find the defendant guilty beyond a reasonable doubt.” That could happen entirely on circumstantial evidence. A motor vehicle may be operated by an intoxicated person as evidenced by unconscious defendant sitting at the wheel, with the motor running and the transmission in park in the middle of an intersection, for two hours. Keyless ignition does not negate operation. Multiple indicia supported a finding of intoxication. The State’s closing argument, appealing to protecting “our children [,]” did not constitute improper personalization. And defendant did not show that the brief isolated reference was outcome-determinative, so no plain error occurred when the circuit court failed to intervene sua sponte.
State of Missouri, Respondent, vs. Clifford D. Parrish, Defendant/Appellant.
Missouri Court of Appeals, Eastern District – ED111607
