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STATE v. JOHNSON

No. 52772.

740 S.W.2d 279 (1987)

STATE of Missouri, Plaintiff-Respondent, v. Johnnie JOHNSON, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied October 23, 1987.

Application to Transfer Denied December 15, 1987.

Attorney(s) appearing for the Case

Melinda Kay Pendergraph, Columbia, for defendant-appellant.

Harry Morley Swingle, Pros. Atty., Cape Girardeau, for plaintiff-respondent.

KELLY, Judge.

Johnnie Johnson appeals his conviction by a jury of driving while intoxicated, third offense; § 577.010 RSMo 1986, and one count of operating a motor vehicle while his license was revoked or suspended; § 302.321 RSMo 1986. The jury assessed punishment at one year in the county jail on the operating a motor vehicle conviction, and the judge sentenced appellant as a persistent offender to a term of four years imprisonment on the driving while...

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