STATE v. ROSE

No. WD 59925.

86 S.W.3d 90 (2002)

STATE of Missouri, Respondent, v. Douglas D. ROSE, Appellant.

Missouri Court of Appeals, Western District.

July 30, 2002.


Attorney(s) appearing for the Case

Joseph A. Morrey, St. Joseph, for Appellant.

Dwight K. Scroggins, Jr., St. Joseph, for Respondent.

Before PAUL M. SPINDEN, Presiding Judge, HAROLD L. LOWENSTEIN, ROBERT G. ULRICH, PATRICIA A. BRECKENRIDGE, JAMES M. SMART, JR., JOSEPH M. ELLIS, VICTOR C. HOWARD, THOMAS H. NEWTON, RONALD R. HOLLIGER, and LISA WHITE HARDWICK, Judges, and WILLIAM E. TURNAGE, Senior Judge.


THOMAS H. NEWTON, Judge.

Douglas D. Rose raises five points on appeal from his conviction for driving while intoxicated (DWI). Mr. Rose was also convicted of another traffic offense, but none of the points relate to that conviction. The first point alleges that there was insufficient evidence to sustain his DWI conviction. Next, he claims that the trial court should have granted his motion in limine to exclude evidence of his refusal to take a breath test....

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