720 S.W.2d 35 | Mo. Ct. App. | 1986
Defendant was court-tried and found guilty on two counts of driving while intoxicated. § 577.010.1.
The dual charges arose from separate arrests of defendant by different police persons at different locations in Springfield during the nights of February 2,1985, and February 27, 1985. On each occasion defendant was driving an unlighted pickup truck on a public street and each officer related observations of defendant’s unusual appearance and movements, his slurred speech, alcoholic breath and the erratic course the truck was being driven before it was halted. Both officers testified to extensive experience with known intoxicated persons, and such testimony amply supported the court’s permitting them to express their opinions as to defendant’s intoxications and its denial of defendant’s motion for judgment of acquittal. State v. Crawford, 646 S.W.2d 841, 843[3] (Mo.App.1982). As trier of the facts, the court nisi had leave to believe all, part or none of the testimony of the state’s witnesses, State v. Pedersen, 651 S.W.2d 639, 641[2] (Mo.App.1983), and it obviously believed the officers’ opinions that defendant was intoxicated while driving. There is no merit to defendant’s first point relied on that “the evidence taken in the light most favorable to the state failed to show the defendant was intoxicated at the time he was arrested” and it is denied.
In his second and last point relied on defendant said the imposition of a five
. Statutory references are to V.A.M.S.