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STATE v. MASSEY

No. WD 60545.

98 S.W.3d 105 (2003)

STATE of Missouri, Respondent, v. Neil A. MASSEY, Appellant.

Missouri Court of Appeals, Western District.

February 28, 2003.

Attorney(s) appearing for the Case

Amy M. Bartholow, Assistant State Public Defender, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Adriane Crouse, Assistant Attorney General, Jefferson City, MO, for Respondent.

Before: ELLIS, C.J., HOWARD and HARDWICK, JJ.

LISA WHITE HARDWICK, Judge.

Neil Massey was convicted by jury of driving while intoxicated, § 577.010, RSMo 1994, and sentenced as a prior and persistent offender to five years imprisonment. Massey presents two issues on appeal: (1) whether the trial court plainly erred in determining that he refused to take a breathalyzer test; and (2) whether the trial court plainly erred in allowing the State to present evidence of Massey's prior license revocation and moving...

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