Berry was arrested for operating a motor vehicle while under the influence. Berry submitted to a chemical test of his breath, which showed a blood alcohol count of .24. Berry was issued a citation for operating a motor vehicle with a prohibited alcohol concentration. A jury trial was held on October 6, 1998. The jury convicted.
Berry now appeals.
Berry asserts that whether the access road was held out to the public is an issue which requires the application of a statute to a set of undisputed facts. Section 346.61, Stats. In reviewing a sufficiency of the evidence claim, this court's standard is limited. If any possibility exists that the trier of fact could have drawn the appropriate inferences from the evidence adduced at trial to find the requisite guilt, an appellate court may not overturn a verdict even if it believes that the trier of fact should not have found guilt based on the evidence before it. The arresting officer testified that the road is open to the public, he has seen other vehicles use the road, and people do not have to pay to use the road.