STATE v. JOHNSON

Nos. 70787, 70876.

955 S.W.2d 786 (1997)

STATE of Missouri, Respondent, v. Johnnie Lee JOHNSON, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer to Denied November 24, 1997.


Attorney(s) appearing for the Case

Deborah B. Wafer, Dist. Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied November 24, 1997.

KAROHL, Judge.

Defendant, Johnnie Lee Johnson, was charged, jury tried, convicted and sentenced for driving while intoxicated, a class D felony, in violation of Section 577.010 RSMo 1994. The trial court sentenced defendant as a prior and persistent offender to serve a term of five years.

The sole issue on appeal is whether there is sufficient evidence to support a finding...

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