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STATE v. BYRON

No. WD 66807.

222 S.W.3d 338 (2007)

STATE of Missouri, Respondent, v. D. BYRON, Appellant.

Missouri Court of Appeals, Western District.

May 22, 2007.

Attorney(s) appearing for the Case

Michelle Dee Carpenter, St. Joseph, MO, for appellant.

Kathleen Andrews Fisher, St. Joseph, MO, for respondent.

Before JAMES M. SMART, JR., P.J., JOSEPH M. ELLIS, and EDWIN H. SMITH, JJ.

PER CURIAM.

Appellant D. Byron1 appeals his jury conviction of driving while intoxicated. Byron claims the evidence was insufficient to support the jury's verdict and his motion for judgment of acquittal at the close of all the evidence should have been granted. For the following reasons, the judgment is reversed.

Background

Byron only challenges the sufficiency of the evidence; he claims that the court should have granted...

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