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CITY OF DODGE CITY v. HADLEY4/18/1997
ng under the influence of alcohol more than likely will be irretrievably lost unless the
person is arrested immediately. Finally, concern for public safety is an important factor in the circumstances of this case. There was probable cause for Officer Mazza to believe that Hadley might injure himself or others unless arrested immediately.
Hadley's final argument is that the evidence was insufficient to support a rational factfinder's determination that he was guilty beyond a reasonable doubt.
"When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt." State v. Knighten, 260 Kan. 47, Syl. 1, 917 P.2d 1324 (1996).
It is Hadley's contention that, " nder the city ordinance, which the defendant was convicted under, the City must prove that the defendant was under the influence of alcohol to a degree that rendered him incapable of safely driving a vehicle." He did not provide the court with the text of the city ordinance or of any authority for his contention. He ignores evidence favorable to the prosecution and plays up inconsequential conduct of the arresting officer as if it were not only relevant but also dispositive. Moreover, he wants the court to treat his refusal to submit to a breath alcohol test as a significant gap in the City's proof. Contrary to defendant's assertions, a review of all the evidence in the light most favorable to the prosecution shows that a rational factfinder could have found him guilty beyond a reasonable doubt.
The decision of the Court of Appeals dismissing the appeal is reversed. The judgment of the district court is affirmed.
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