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MOORE v. STATE

No. SD 29508.

288 S.W.3d 810 (2009)

David MOORE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

June 29, 2009.

Attorney(s) appearing for the Case

Timothy Forneris, Columbia, for Appellant.

Chris Koster, Atty. Gen., Richard A. Starnes, Jefferson City, for Respondent.

DANIEL E. SCOTT, Presiding Judge.

David Moore ("Movant") was charged with driving while intoxicated as a chronic offender, a class B felony under § 577.023.1(2).1 He negotiated a deal for the five-year minimum on that charge, pleaded guilty, and was imprisoned. He unsuccessfully challenged his conviction under Rule 24.035, and now appeals. Our review is limited to whether the motion court's findings and conclusions are clearly erroneous...

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