STATE v. ZOELLNER

No. 68262.

920 S.W.2d 132 (1996)

STATE of Missouri, Plaintiff/Respondent, v. Terry Lee ZOELLNER, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

April 16, 1996.


Attorney(s) appearing for the Case

James W. Hahn, II, Marcia A. Mulcahy, Hahn & Mulcahy, Cape Girardeau, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Becky Owenson Kilpatrick, Assistant Attorney General, Jefferson City, for respondent.


REINHARD, Presiding Judge.

Defendant appeals after he was convicted following a bench trial of one count of driving while intoxicated (DWI), § 577.010, RSMo 1986. The court sentenced him as a persistent offender to a prison term of three years but suspended execution of the sentence and placed defendant on supervised probation for five years. We affirm.

The evidence reveals that on September 5, 1994, at approximately 3:00 p.m., David Valentine, a sergeant...

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