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STATE v. HASKINS

No. 21520.

950 S.W.2d 613 (1997)

STATE of Missouri, Plaintiff-Appellant, v. David E. HASKINS, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied August 11, 1997.

Application to Transfer Denied September 30, 1997.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Theodore A. Bruce, Assistant Attorney General, Jefferson City, Brian Keedy, Assistant Prosecuting Attorney, Camden County, Camdenton, for Plaintiff-Appellant.

Timothy R. Cisar, Lake Ozark, for Defendant-Respondent.

SHRUM, Judge.

This case involves § 577.0231, the statute that authorizes enhanced penalties for prior or persistent offenders who are found guilty or who plead guilty to a current charge of driving while intoxicated (DWI) or driving with excessive blood alcohol content (BAC) in violation of state law.

The issue is whether § 577.023 authorizes enhancement if the prior offense was in violation of a municipal ordinance against...

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