State v. Ahrens
Annotate this CaseDefendant was charged with operating or attempting to operate a vehicle while under the influence of alcohol. After a jury trial, Defendant was found guilty of DUI. Defendant appealed, arguing that he was deprived of his right to a unanimous jury verdict because the State charged him with, and the jury was instructed on, alternative means of committing DUI, i.e., operating or attempting to operate a vehicle while under the influence of alcohol, but the State failed to present evidence sufficient to show he attempted to operate a vehicle while under the influence of alcohol. The court of appeals affirmed. The Supreme Court also affirmed Defendant's DUI conviction but under different reasoning, holding (1) the legislature did not intend the phrase "operate or attempt to operate" to create alternative means of committing the crime of DUI, and the court of appeals erred in finding otherwise; (2) the district court's inclusion of that phrase in the charging instructions in this case did not create a jury unanimity problem; and (3) the State presented sufficient evidence to support Defendant's conviction.
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