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STATE v. OWEN

No. WD 74661.

400 S.W.3d 775 (2012)

STATE of Missouri, Respondent, v. Benjamin Scott OWEN, Appellant.

Missouri Court of Appeals, Western District.

Application for Transfer to Supreme Court Denied January 29, 2013.

Application for Transfer Denied March 19, 2013.

Attorney(s) appearing for the Case

Kristen L. Ellis , Lexington, MO, for appellant.

Scott C. Hamilton , Lexington, MO, for respondent.

Before Division Two: LISA WHITE HARDWICK, Presiding Judge, JAMES M. SMART and KAREN KING MITCHELL, Judges.

LISA WHITE HARDWICK, Judge.

Benjamin Scott Owen appeals his conviction for driving while intoxicated. He contends the evidence was insufficient to establish that he was operating his vehicle, as required by Section 577.010.1 For reasons explained herein, we affirm.

FACTUAL AND PROCEDURAL HISTORY

At 9:30 a.m. on March 19, 2011, Travis Fricke, a tow truck driver, received a dispatch...

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