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TRIMBLE v. STATE

Nos. 61360, 61516.

593 S.W.2d 542 (1980)

Lester TRIMBLE, Appellant, v. STATE of Missouri, Respondent (two cases).

Supreme Court of Missouri, En Banc.

February 11, 1980.

Attorney(s) appearing for the Case

Karl L. Madden, Jr., Moberly, for appellant.

John Ashcroft, Atty. Gen., Steven Steinhilber, Asst. Atty. Gen., Jefferson City, for respondent.

MORGAN, Judge.

These two cases were consolidated on appeal after this Court granted transfer in cause No. 61360 and the Court of Appeals, Western District, transferred cause No. 61516, after opinion, to this Court pursuant to Rule 83.02. Both involve felony convictions under § 564.440, RSMo, which in part provides that: "No person shall operate a motor vehicle while in an intoxicated condition. Any person who violates the provisions of this section shall be deemed...

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