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STATE v. CLARK

No. WD 63701.

149 S.W.3d 916 (2004)

STATE of Missouri, Respondent, v. Donald CLARK, Appellant.

Missouri Court of Appeals, Western District.

December 7, 2004.

Attorney(s) appearing for the Case

Nancy A. McKerrow, Columbia, MO, for appellant.

Deborah Daniels, Jefferson City, MO, for respondent.

Before LISA WHITE HARDWICK, P.J., ROBERT G. ULRICH and THOMAS H. NEWTON, JJ.

ORDER

PER CURIAM.

Donald Clark appeals his conviction following jury trial for the class D felony of driving while intoxicated, section 577.010 RSMo 2000. He was sentenced as a prior offender to four years imprisonment. Mr. Clark contends that the trial court improperly allowed the testimony of the arresting officer's use of the Horizontal Gaze Nystagmus (HGN) test because (1) the arresting officer was not qualified to administer the test, and (2) the arresting...

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