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STATE v. DRANE

No. KCD 29691.

581 S.W.2d 89 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Lynn Clark DRANE, Defendant-Appellant.

Missouri Court of Appeals, Western District.

April 30, 1979.

Attorney(s) appearing for the Case

David H. Bony, Kansas City, for defendant-appellant.

Mary C. Asel, Asst. Pros. Atty., Columbia, for plaintiff-respondent.

Before SHANGLER, P. J., and WASSERSTROM and CLARK, JJ.

WASSERSTROM, Judge.

Defendant was tried and convicted by a jury of driving while intoxicated, second offense, and the jury fixed his punishment at 30 days in the county jail and a $1,000 fine. Defendant's sole point on this appeal is that he was deprived of the right of counsel. We reverse and remand for a new trial.

This case first came up for trial on January 27, 1977. At that time Mr. William A. Atkinson appeared for defendant, stated that he was substituting...

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