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STATE v. WILES

No. 23132.

26 S.W.3d 436 (2000)

STATE of Missouri, Plaintiff-Respondent, v. Ronald L. WILES, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied August 15, 2000.

Application for Transfer Denied October 3, 2000.

Attorney(s) appearing for the Case

Craig A. Johnston, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., James R. Layton, Asst. Atty. Gen., Jefferson City, for respondent.

PHILLIP R. GARRISON, Judge.

Ronald L. Wiles ("Defendant") was charged with the Class D felony of driving while intoxicated in violation of Section 577.010.1, RSMo 1994. A jury found Defendant guilty, and he was sentenced to five years imprisonment. Defendant appeals his conviction, asserting that the trial court erred in 1) overruling his motion for judgment of acquittal and in sentencing him pursuant to Section 577.010.1, RSMo 1994, as the State failed to prove beyond...

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