State v. Moore

Summary

The Montana Supreme Court affirmed Michael Earl Moore’s conviction for a second DUI offense. The Court held that the evidence was sufficient for a rational trier of fact to find that Moore was under the influence while in actual physical control of his vehicle, despite the absence of evidence that the ignition key was in his possession. The opinion was issued as a noncitable memorandum decision.

Holdings

1. The evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that Moore was under the influence of alcohol and was in actual physical control of the vehicle.

Questions Presented

1. Whether sufficient evidence supported the finding beyond a reasonable doubt that Moore was in actual physical control of his vehicle while under the influence of alcohol, despite the absence of evidence that the ignition key was in his possession or in the ignition.

Disposition

affirmed