STATE v. TYLER

No. SD 28713.

285 S.W.3d 353 (2009)

STATE of Missouri, Respondent, v. Robert TYLER, Appellant.

Missouri Court of Appeals, Southern District, Division One.

Petition for Rehearing or Reconsideration and Transfer Denied April 14, 2009.

Application for Transfer Denied May 26, 2009.


Attorney(s) appearing for the Case

Herman Guetersloh, Rolla, Carl M. Ward, Washington, for Appellant.

Nicholas P. Chlysta, Rolla, for Respondent.


DANIEL E. SCOTT, Presiding Judge.

Appellant appeals his jury conviction for driving while intoxicated (DWI). He does not challenge the sufficiency of the evidence, which viewed favorably to the result, showed that Appellant drove a motor vehicle, while in an intoxicated condition, and refused to submit to a breathalyzer test.

Alleged Instructional Error

At the instruction conference, the State tendered MAI-CR 3d 331.02, which is the approved pattern...

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