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SMITH v. DIRECTOR OF REVENUE, STATE OF MO.

No. 69712.

924 S.W.2d 334 (1996)

Robert John Winters SMITH, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

June 25, 1996.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Special Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for appellant.

Eckelkamp, Eckelkamp, Wood & Kuenzel, Gael D. Wood and James W. McGettigan, Jr., Washington, for respondent.

KAROHL, Judge.

The State of Missouri appeals dismissal of a driving while intoxicated charge against defendant, Robert John Winters Smith. The trial court found the prosecution of the charge violated Double Jeopardy Clause because defendant previously had his license administratively suspended.

This case is controlled by the Missouri Supreme Court's recent decision in State v. Mayo, 915 S...

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