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STATE v. SMITH

No. WD 60945.

89 S.W.3d 568 (2002)

STATE of Missouri, Appellant, v. Doyle E. SMITH, Respondent.

Missouri Court of Appeals, Western District.

November 26, 2002.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO, Philip M. Koppe, Assistant Attorney General, Kansas City, MO, for Appellant.

Nancy A. McKerrow, Assistant Public Defender, Columbia, MO, for Respondent.

Before ELLIS, C.J., and LOWENSTEIN and HOWARD, JJ.

VICTOR C. HOWARD, Judge.

The State appeals from the trial court's judgment dismissing its criminal information charging Doyle E. Smith with felony criminal nonsupport under § 568.040.1 The trial court dismissed the charge after finding, in accordance with this court's opinion in State v. French, WD 58860, 2001 WL 1262290 (2001), that the charge constituted double jeopardy.

Subsequently, the Missouri Supreme Court ordered...

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