STATE v. HODGES

No. 22694.

998 S.W.2d 572 (1999)

STATE of Missouri, Plaintiff-Respondent, v. John HODGES, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied August 9, 1999.

Application for Transfer Denied September 21, 1999.


Attorney(s) appearing for the Case

Emmett D. Queener, Asst. Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Daniel W. Follett, Asst. Atty. Gen., Jefferson City, for Respondent.


KENNETH W. SHRUM, Judge.

A jury convicted John Hodges (Defendant) of driving while intoxicated, § 577.010 RSMo 1994. He was charged as and found to be a persistent offender under § 577.023.1(2).1 Consequently, his conviction was a class D felony. § 577.023.3. Defendant appeals from the judgment of conviction.

Defendant contends that the trial court plainly erred when it...

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