STATE v. PAYNE

No. 54553.

759 S.W.2d 252 (1988)

STATE of Missouri, Plaintiff-Appellant, v. Steven Lynn PAYNE, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 12, 1988.

Application to Transfer Denied November 15, 1988.


Attorney(s) appearing for the Case

Kenny C. Hulshof, Asst. Pros. Atty., Cape Girardeau, for plaintiff-appellant.

Larry H. Ferrell, Cape Girardeau, for defendant-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied September 12, 1988.

SMITH, Judge.

The State filed this interlocutory appeal pursuant to Sec. 547.200.1, RSMo 1986, to review the action of the trial court in granting defendant's motion to suppress evidence. Defendant was charged with the misdemeanor of driving while intoxicated and as a prior offender, making the charge a Class A misdemeanor. Sec. 577.010, 577.023 RSMo 1986.

The trial court...

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