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STATE v. SURRITTE

No. WD 57562.

35 S.W.3d 873 (2001)

STATE of Missouri, Respondent, v. Tony Adrian SURRITTE, Appellant.

Missouri Court of Appeals, Western District.

January 23, 2001.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Stacy L. Anderson, Asst. Atty. Gen., Jefferson City, for respondant.

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

HOLLIGER, Presiding Judge.

Tony Surritte was convicted following a jury trial of the Class D Felony of driving while intoxicated, § 577.010 RSMo.19941 and § 577.023.3, RSMo. Cum.Supp.1999, and the Class A misdemeanor of driving while revoked. § 302.321, RSMo. Cum. Supp.1999. Surritte presents two issues on appeal: (1) whether there was sufficient evidence that he was driving a motor vehicle and if he was that he was intoxicated...

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