STATE v. FLADTEN

No. WD 39872.

753 S.W.2d 327 (1988)

STATE of Missouri, Respondent, v. Gary Omar FLADTEN, Appellant.

Missouri Court of Appeals, Western District.

July 5, 1988.


Attorney(s) appearing for the Case

James L. McMullin, K. Louis Caskey, Kansas City, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before KENNEDY, C.J., and SHANGLER and BERREY, JJ.


KENNEDY, Chief Judge.

Defendant was found guilty upon a jury trial of driving a motor vehicle while in an intoxicated condition, Sec. 577.010.1, RSMo 1986, and was sentenced by the court to one year in jail. Since it was defendant's third such offense, it was a Class D felony, Sec. 577.023.3, RSMo 1986.

Defendant has appealed from the judgment of conviction, alleging as his only point on appeal that the trial court erred in denying his pre-trial motion to...

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