STATE v. TUTER

No. 20475.

920 S.W.2d 111 (1996)

STATE of Missouri, Respondent, v. Paul Michael TUTER, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied April 9, 1996.


Attorney(s) appearing for the Case

Thomas Patrick Deaton, Springfield, for appellant.

J. Ronald Carrier, Prosecuting Attorney, Robert V. Franson, Asst. Prosecuting Attorney, Greene County, Springfield, for respondent.


Motion for Rehearing and Transfer to Supreme Court Denied April 9, 1996.

PREWITT, Presiding Judge.

Defendant appeals from his conviction for driving while intoxicated. He contends the trial court:

[E]rred in overruling defendant's motion to dismiss information to prevent double jeopardy because sentencing defendant for driving while intoxicated violated his Fifth Amendment freedom from double jeopardy in that the trial court sentenced defendant to...

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