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STATE v. EMERY

No. SC 84718.

95 S.W.3d 98 (2003)

STATE of Missouri, Respondent, v. Ricky Lynn EMERY, Appellant.

Supreme Court of Missouri, En Banc.

January 28, 2003.

Attorney(s) appearing for the Case

Kelly M. Bosserman, Steven A. Privette, Willow Springs, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Nicole Gorovsky, Assistant Attorney General, Jefferson City, for Respondent.

MICHAEL A. WOLFF, Judge.

Ricky Lynn Emery appeals from his conviction for driving while intoxicated (DWI) and assault in the second degree. The trial court sentenced Emery without a jury verdict as to sentence, which is the manner prescribed for sentencing a prior or persistent offender under sections 558.016 and 557.036.4.1 Emery contends, and the state agrees, that he was improperly sentenced where the state failed to offer evidence...

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