STATE v. SHELBURN

No. 21410.

956 S.W.2d 467 (1997)

STATE of Missouri, Plaintiff-Respondent, v. Robert Glenn SHELBURN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

December 16, 1997.


Attorney(s) appearing for the Case

Irene Karns, Asst. Public Defender, Columbia, for Defendant-Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cristi A. Ingalsbe, Asst. Atty. Gen., for Plaintiff-Respondent.


PREWITT, Judge.

Following jury trial, Defendant was convicted of driving while intoxicated and sentenced to three years in the Missouri Department of Corrections. Defendant appeals, presenting one point relied on. It asserts that the trial court erred in allowing a police sergeant to testify that Defendant refused to take a breathalyzer test a second time. Defendant contends "that any probative value of Shelburn's second refusal was outweighed by its prejudicial effect...

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