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STATE v. SPURGEON

No. 20036.

907 S.W.2d 798 (1995)

STATE of Missouri, Plaintiff-Respondent, v. Kenneth SPURGEON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

September 27, 1995.

Attorney(s) appearing for the Case

Phillip A. Glades, Anita K. Oakes, Carrie Sue Genisio, Glades & Associates, P.C., Joplin, for defendant-appellant.

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

GARRISON, Judge.

Kenneth Spurgeon (Appellant) was charged, as a persistent offender, § 577.023.1(2),1 with the Class D felony of driving while intoxicated, § 577.010. This appeal follows his conviction by the trial court, sitting without a jury, and sentence of three years' imprisonment.

Appellant raises two issues on this appeal. He first contests the trial court's finding that the arresting officer was authorized to...

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