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STATE v. WYATT

No. 16896.

800 S.W.2d 480 (1990)

STATE of Missouri, Plaintiff-Respondent, v. Billy D. WYATT, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

December 14, 1990.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Geoffrey W. Preckshot, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

J. Gregory Mermelstein, Columbia, for defendant-appellant.

MAUS, Presiding Judge.

In a trial without a jury, the court found defendant Billy D. Wyatt guilty of driving while intoxicated, § 577.010, and to be a persistent offender, § 577.023.1(2). The defendant was sentenced to imprisonment for three years. There was an abundance of evidence from the testimony of the arresting highway patrolman, and the results of a breathalyzer test, to establish that defendant did operate...

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