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VAN v. STATE

No. 20209.

918 S.W.2d 921 (1996)

Johnny B. VAN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied March 20, 1996.

Application to Transfer Denied April 23, 1996.

Attorney(s) appearing for the Case

Emmett D. Queener, Office of the State Public Defender, Columbia, for appellant.

Jeremiah (Jay) Nixon, Attorney General, Christine M. Blegen, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and Transfer to Supreme Court Denied March 20, 1996.

CROW, Judge.

Appellant, Johnny B. Van, charged with the class D felony of driving while intoxicated, § 577.010, RSMo 1986, and § 577.023, RSMo Cum.Supp.1993,1 pled guilty pursuant to a plea agreement wherein the prosecutor agreed: (a) to refrain from charging Appellant "as a prior and persistent offender," and (b) to recommend a five-year prison...

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