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STATE v. McINTOSH

No. 26175.

159 S.W.3d 505 (2005)

STATE of Missouri, Plaintiff-Respondent, v. Gary W. McINTOSH, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 30, 2005.

Attorney(s) appearing for the Case

Irene Karns, Columbia, for defendant-appellant.

Jeremiah W. Nixon, Atty. Gen., Shaun J. Mackelprang, Asst. Atty. Gen., for plaintiff-respondent.

JAMES K. PREWITT, Judge.

Gary W. McIntosh ("Appellant") was initially charged with driving while license is revoked (in violation of § 302.321, RSMo 2000), in addition to driving while intoxicated (in violation of § 577.010, RSMo 2000). The charge of driving while license is revoked was later dismissed by the State. Because Appellant had two prior convictions for driving while intoxicated, he was charged under § 577.023, RSMo 2000, with a class D felony...

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