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STATE EX REL. KOSTER v. JACKSON

No. WD 71165.

301 S.W.3d 586 (2010)

STATE of Missouri, ex rel. Chris KOSTER, Relator, v. The Honorable Randall R. JACKSON, Respondent.

Missouri Court of Appeals, Western District.

January 26, 2010.

Attorney(s) appearing for the Case

Andrew W. Hassell, Esq., Jefferson City, MO, for appellant.

S. Kate Webber, Esq., Kansas City, MO, for respondent.

Before WRIT DIVISION: LISA WHITE HARDWICK, Presiding Judge, JOSEPH M. ELLIS and ALOK AHUJA, Judges.

WRIT OF CERTIORARI

LISA WHITE HARDWICK, Presiding Judge.

The State of Missouri seeks to quash a writ of habeas corpus granted to Craig Mitchell by the Buchanan County Circuit Court. The court found that Mitchell, after pleading guilty to driving while intoxicated, was improperly sentenced as a persistent offender based on a prior municipal offense that resulted in a suspended imposition of sentence. The State contends the

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