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STATE v. SWINSON

No. 20882.

940 S.W.2d 552 (1997)

STATE of Missouri Plaintiff-Respondent, v. Marcus SWINSON, Sr., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 19, 1997.

Attorney(s) appearing for the Case

Michael S. Shaeffer, Larry Maples, Joplin, for appellant.

John J. Podleski, Asst. Pros. Atty., Jasper County, Joplin, for respondent.

BARNEY, Presiding Judge.

Appellant, Marcus Swinson, Sr. (Swinson) appeals from his conviction in the Circuit Court of Jasper County, Missouri, of the class A misdemeanor of driving while intoxicated in violation of § 577.010.1 The case was tried before a judge, without a jury. He was sentenced as a prior offender, under the provisions of § 577.023.1(3), to a one year term of imprisonment.

Swinson presents two points relied...

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