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STATE v. LINDSEY

No. WD 54049.

996 S.W.2d 577 (1999)

STATE of Missouri, Respondent, v. Merle C. LINDSEY, Appellant.

Missouri Court of Appeals, Western District.

Decided May 4, 1999.

Motion for Rehearing and/or Transfer Denied June 29, 1999.

Application for Transfer Denied August 24, 1999.

Attorney(s) appearing for the Case

John W. Simon, Jefferson City, for Appellant.

Mikeal R. Lorraine, Fulton, for Respondent.

Before BRECKENRIDGE, P.J.; LOWENSTEIN, ULRICH, HANNA, SPINDEN, SMART, ELLIS, LAURA DENVIR STITH, EDWIN H. SMITH, HOWARD, and RIEDERER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 29, 1999.

SMART, Judge.

Merle C. Lindsey was convicted, after jury trial, of driving while intoxicated in violation of § 577.010, RSMo 1994.1 He challenges the sentence of ninety days confinement imposed by the trial court. Lindsey contends that the trial court erred in sentencing him to ninety days of confinement...

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