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STATE v. MOTZKO

No. 23565.

710 N.W.2d 433 (2006)

2006 SD 13

STATE of South Dakota, Plaintiff and Appellee, v. Deborah J. MOTZKO, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 8, 2006.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

David L. Claggett, Spearfish, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Deborah Motzko was convicted of driving under the influence of an alcoholic beverage. She appeals contending that: 1) the evidence was insufficient to support the conviction, 2) the trial court should have considered jurors' affidavits in ruling on a motion for new trial, and 3) the trial court erred in refusing her jury instruction suggesting that in South Dakota it was not necessarily illegal to drink and drive. We affirm.

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