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STATE v. PAYTON

No. 19583.

895 S.W.2d 283 (1995)

STATE of Missouri, Plaintiff-Respondent v. Roy Lee PAYTON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

March 16, 1995.

Attorney(s) appearing for the Case

Rose M. Wibbenmeyer, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Asst. Atty. Gen., Jefferson City, for respondent.

PARRISH, Judge.

Roy Lee Payton (defendant) was convicted, following a jury trial, of assault in the second degree (Count I), § 565.060.11, and leaving the scene of a motor vehicle accident (Count II), § 577.060. This court affirms.

Count I charged defendant with striking Shawnee Garcia with a motor vehicle he was operating while under the influence of alcohol and marijuana and injuring her. Count I alleged that defendant...

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