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STATE v. STEWART

No. 74473.

832 S.W.2d 911 (1992)

STATE of Missouri, Appellant, v. William Tommy STEWART, Respondent.

Supreme Court of Missouri, En Banc.

June 30, 1992.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Geoffrey W. Preckshot, Asst. Atty. Gen., Jefferson City, for appellant.

Janet M. Thompson, Columbia, for respondent.

HAROLD L. LOWENSTEIN, Special Judge.

This case has been transferred, following opinion, from the Court of Appeals, Southern District. The crucial question before the Court is the interpretation of the elements the state must charge and prove to show "persistent offender" status under § 577.023, RSMo Cum.Supp.1991,1 Missouri's provisions enhancing punishment for drunk driving offenses.

The respondent, Stewart, was charged with...

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