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STATE v. NESS

No. WD 69925.

299 S.W.3d 26 (2009)

STATE of Missouri, Respondent, v. Donald M. NESS, Jr., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 22, 2009.

Attorney(s) appearing for the Case

Dan Viets, Columbia, MO, for Appellant.

Robert Sterner, Prosecuting Attorney, Casey L. Clevenger, Assistant Prosecuting Attorney, Fulton, MO, for Respondent.

Before Division III: THOMAS H. NEWTON, Chief Judge, and MARK D. PFEIFFER and KAREN KING MITCHELL, Judges.

Order

PER CURIAM.

Donald M. Ness, Jr. (Ness) appeals the trial court's judgment convicting him, after a jury trial, of one count of driving while intoxicated in violation of section 577.010, RSMo 2000. On appeal, he presents four points. We affirm....

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