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STATE v. CLARK

No. 23994.

55 S.W.3d 398 (2001)

STATE of Missouri, Plaintiff-Respondent, v. James L. CLARK, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied September 18, 2001.

Application for Transfer Denied October 23, 2001.

Attorney(s) appearing for the Case

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

Jeremiah W. (Jay) Nixon, Atty. Gen., Adriane D. Crouse, Asst. Atty. Gen., Jefferson City, for Respondent.

SHRUM, Presiding Judge.

Following a jury trial, James L. Clark ("Defendant") was convicted of assault of a law enforcement officer in the second degree, § 565.082.1(3)1, and sentenced to ten years' imprisonment. Defendant appeals the judgment of conviction and sentence.

In Point I, Defendant charges the trial court erred when it refused to suppress a blood kit and a blood-alcohol test result and then allowed both into evidence...

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