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STATE v. CRAIN

No. SD 29462.

288 S.W.3d 804 (2009)

STATE of Missouri, Appellant, v. Robert W. CRAIN, Respondent.

Missouri Court of Appeals, Southern District, Division One.

June 16, 2009.

Attorney(s) appearing for the Case

Brian Keedy, Pros. Atty., Aaron Koeppen, Asst. Pros. Atty., Camdenton, for Appellant.

Fawzy T. Simon, Asst. Public Defender, for Respondent.

Before SCOTT, P.J., BARNEY and BATES, JJ.

PER CURIAM.

Robert Crain ("Defendant") was arrested for driving while intoxicated and, based on two prior DWIs, was charged as a Class D felony persistent offender per § 577.023.1 He later moved to quash the felony warrant. One of his prior DWIs involved only a fine, which he claimed could not support persistent offender status due to § 577.023 amendments since his arrest. Persuaded...

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