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STATE v. SEUFERLING

No. WD 67866.

238 S.W.3d 217 (2007)

STATE of Missouri, Appellant, v. Steven J. SEUFERLING, Respondent.

Missouri Court of Appeals, Western District.

November 20, 2007.

Attorney(s) appearing for the Case

J. Bartley Spear, Jr., Maysville, MO, for appellant.

John G. Gromowsky, Kansas City, George A. Pickett, Plattsburg, MO, for respondent.

Before VICTOR C. HOWARD, Chief Judge, PATRICIA BRECKENRIDGE, Judge and JOSEPH M. ELLIS, Judge.

JOSEPH M. ELLIS, Judge.

The State of Missouri appeals the trial courts order granting Respondent Steven J. Sueferling's motion to suppress evidence and its judgment acquitting Respondent of the misdemeanors of driving while intoxicated, § 577.010,2 resisting arrest, § 575.150, and assault of a law enforcement officer in the third degree, § 565.083. Because the constitutional provision against double jeopardy precludes retrial...

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