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STATE v. EPPENAUER

No. WD 53944.

957 S.W.2d 501 (1997)

STATE of Missouri, Respondent, v. James J. EPPENAUER, Appellant,

Missouri Court of Appeals, Western District.

December 16, 1997.

Attorney(s) appearing for the Case

Karl L. Madden, Jr., Moberly, for appellant.

James Bradley Funk, Asst. Pros. Atty., Macon County, for respondent.

Before ULRICH, C.J., and SPINDEN and SMART, JJ.

ULRICH, Chief Judge, Presiding Judge.

James J. Eppenauer appeals his conviction and sentence for driving while intoxicated, section 577.0101. He claims that the evidence was insufficient to prove his guilt of driving while intoxicated. He also contends that his arrest for driving while intoxicated was unlawful because it did not occur within one and one-half hours of the claimed violation as mandated by section 577.039.

The judgment...

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