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STATE v. BRINK

No. WD 66253.

218 S.W.3d 440 (2006)

STATE of Missouri, Respondent, v. Donald BRINK, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 30, 2007.

Application for Transfer Denied May 1, 2007.

Attorney(s) appearing for the Case

Jeffrey Eastman, Gladstone, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Shaun Mackelprang and Jean Woods, Office of Attorney General, Jefferson City, for Respondent.

PAUL M. SPINDEN, Judge.

Donald Brink appeals the circuit court's judgment convicting him of driving while intoxicated and sentencing him as a prior and persistent offender. He contends that the conviction violated his constitutional rights and that the state did not establish the requisite elements to convict him as a prior and persistent offender. He also challenges the constitutionality of Section 577.023, RSMo 2000, that mandated enhancement of his punishment....

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