POTTS v. STATE

No. WD 57400.

22 S.W.3d 226 (2000)

Joseph POTTS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

July 18, 2000.


Attorney(s) appearing for the Case

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrea L. Mazza, Asst. Atty. Gen., Jefferson City, for respondent.

Before Presiding Judge VICTOR C. HOWARD, Judge JOSEPH M. ELLIS and Judge LAURA DENVIR STITH.


LAURA DENVIR STITH, Judge.

Defendant-Appellant Joseph Potts was convicted after a jury trial of one count of driving while intoxicated, in violation of Section 577.010 RSMo 1994, in the Circuit Court of Livingston County, Missouri. Mr. Potts was sentenced, as a prior and persistent offender under Section 577.023 RSMo 1994, to five years imprisonment. He filed a motion for post-conviction relief under Rule 29.15, which was denied after an evidentiary hearing. He appeals...

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