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STATE v. EWANCHEN

No. 72905.

799 S.W.2d 607 (1990)

STATE of Missouri, Respondent, v. John EWANCHEN, Appellant. John EWANCHEN, Movant-Appellant, v. STATE of Missouri, Respondent. (Two Cases)

Supreme Court of Missouri, En Banc.

November 20, 1990.

Attorney(s) appearing for the Case

Judith LaRose, Columbia, for appellant, movant-appellant.

William L. Webster, Atty. Gen., John P. Pollard, Asst. Atty. Gen., Jefferson City, for respondent.

COVINGTON, Judge.

This case involves the question of whether the persistent offender statute may be applied when the offense actuating the sentence enhancement was itself enhanced from a misdemeanor to a felony by § 577.023.1 Prior to the present proceedings, in 1982 and 1986, John Ewanchen was convicted of two intoxication-related traffic offenses, driving while intoxicated and driving with excessive blood alcohol content. Ewanchen...

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