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STATE v. VANCE

No. 15237.

743 S.W.2d 607 (1988)

STATE of Missouri, Plaintiff-Respondent, v. Steven Wayne VANCE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

January 22, 1988.

Attorney(s) appearing for the Case

Melinda K. Pendergraph, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Christopher M. Kehr, Asst. Atty. Gen., Jefferson, for plaintiff-respondent.

MAUS, Judge.

The defendant was charged as a persistent offender with the class D felony of driving while intoxicated. § 577.023.3. A jury found the defendant guilty. The court determined he was a persistent offender, § 577.023.4, and sentenced him to imprisonment for three years. The defendant states one point on appeal.

The following is a brief summary of the evidence. On August 29, 1986, a little after 11:30 p.m. Dawn Newlan was driving from the...

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