STATE v. DVORAK

No. ED 91727.

295 S.W.3d 493 (2009)

STATE of Missouri, Respondent, v. Stephen J. DVORAK, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 18, 2009.

Application for Transfer Denied October 6, 2009.


Attorney(s) appearing for the Case

Stephen B. Evans, St. Louis, MO, for appellant.

Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for respondent.


PATRICIA L. COHEN, Judge.

Introduction

Stephen J. Dvorak ("Defendant") appeals from the judgment of the Circuit Court of St. Louis County, following a jury trial, convicting him of possessing a loaded firearm while intoxicated in violation of Mo.Rev.Stat. § 571.030.1(5). Defendant claims that the trial court erred in: (1) admitting evidence that he refused to submit to a breathalyzer test because, (a) such evidence was inadmissible under Mo.Rev...

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