STATE v. WIMBERLY

No. 14208.

700 S.W.2d 167 (1985)

STATE of Missouri, Plaintiff-Respondent, v. David Fred WIMBERLY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

October 31, 1985.


Attorney(s) appearing for the Case

Wesley D. Coleman, Asst. Public Defender, Caruthersville, for defendant-appellant.

Michael B. Hazel, Pros. Atty., J. David Ford, Asst. Pros. Atty., Caruthersville, for plaintiff-respondent.


MAUS, Judge.

In a court tried case appellant was convicted as a prior offender of driving while intoxicated under § 577.010, RSMo Supp. 1984. He was sentenced to Pemiscot County jail for 48 hours and fined $150. The offense appealed from occurred February 9, 1985. Appellant had previously pleaded guilty to driving with excessive blood alcohol content on July 14, 1980. Appellant does not challenge the sufficiency of the evidence. It clearly established the appellant...

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