By: dmc-admin//September 10, 2008//
Motor Vehicles
OWI; sufficiency of evidence
Richard Ross appeals the judgment, entered following a bench trial, convicting him of operating while under the influence of an intoxicant, second offense. On appeal, Ross argues that the trial court erred in finding him guilty because the State failed to prove beyond a reasonable doubt that he operated the motor vehicle, which is an element of the charge. This court agrees and reverses the judgment. This opinion will not be published.
2008AP457-CR State v. Ross
Dist I, Milwaukee County, Amato, J., Curley, P.J.
Attorneys: For Appellant: Missimer, Karyn T., Glendale; For Respondent: Weber, Gregory M., Madison; Sikorski, Kimberly D., Milwaukee