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STATE v. MORGENROTH

No. 27686.

227 S.W.3d 517 (2007)

STATE of Missouri, Plaintiff-Respondent, v. Karl W. MORGENROTH, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division II.

June 20, 2007.

Attorney(s) appearing for the Case

Craig Allan Johnston, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Dora A. Fichter, Asst. Atty. Gen., Jefferson City, MO, for respondent.

JEFFREY W. BATES, Chief Judge.

Karl Morgenroth (Defendant) appeals from his conviction by a jury for driving while intoxicated (DWI) in violation of § 577.010.1 In Defendant's first point, he contends the trial court violated § 577.021 by improperly admitting evidence that Defendant failed a portable breath test (PBT). Because this point has merit, we reverse and remand for a new trial.

I. Factual and Procedural Background...

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