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STATE v. ROYAL

No. WD 69152.

277 S.W.3d 837 (2009)

STATE of Missouri, Respondent, v. Mark A. ROYAL, Appellant.

Missouri Court of Appeals, Western District.

March 3, 2009.

Attorney(s) appearing for the Case

Frederick J. Ernst, Kansas City, MO, Counsel for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Dora A. Fichter, Shaun J. Mackelprang, Jefferson City, MO, Counsel for Respondent.

Before THOMAS H. NEWTON, C.J., JOSEPH M. ELLIS, and JAMES EDWARD WELSH, JJ.

THOMAS H. NEWTON, Chief Judge.

Mr. Mark Royal appeals his convictions of driving while intoxicated (DWI), section 577.010,1 second-degree assault, section 565.060.1(4), and second-degree murder, section 565.021.1(2). Mr. Royal challenges the sufficiency of the evidence that he was intoxicated while driving and the validity of his DWI conviction. Because his DWI conviction is a lesser-included offense of the second-degree assault conviction...

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