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State v. Penland11/5/2004
seat revving the engine and spinning the tires trying to get the car out of the ditch. Because Penland was unaware that the car was inoperable after the accident, it is apparent by his argument that he attempted to operate the car in an attempt to remove it from the ditch. "Movement of the vehicle is not required in order to convict a defendant of DUI under the theory that defendant attempted to operate the vehicle." State v. Kendall, 274 Kan. 1003, 1009-10, 58 P.3d 660 (2002).
Based on the evidence presented, the jury could conclude that Penland either operated or attempted to operate the car. Moreover, it is not this court's duty to reweigh that evidence. As a result, Penland's argument fails.
Affirmed.
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