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STATE v. FALCONE

No. 20412.

918 S.W.2d 288 (1996)

STATE of Missouri, Respondent, v. Susan M. FALCONE, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

March 5, 1996.

Attorney(s) appearing for the Case

Dewayne F. Perry, Asst. Public Defender, Joplin, for appellant.

Wendy E. Garrison, Asst. Pros. Atty., Newton County, Neosho, for respondent.

CROW, Judge.

The sole issue on appeal in this judge-tried case is whether the evidence was sufficient to support Appellant's conviction of driving while intoxicated where the prosecution's theory was that Appellant operated a motor vehicle while in a drugged condition.

Section 577.010.11 reads:

"A person commits the crime of `driving while intoxicated' if he operates a motor vehicle while in an intoxicated...

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