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STATE v. BURKS

No. SD 31023.

373 S.W.3d 1 (2012)

STATE of Missouri, Plaintiff-Respondent, v. Morris T. BURKS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Reconsideration and Transfer Denied February 24, 2012.

Attorney(s) appearing for the Case

Stacie Bilyeu , Springfield, MO, for Appellant.

Lindsey N. Phoenix , Springfield, MO, for Respondent.

JEFFREY W. BATES, Judge.

After a bench trial, Morris Burks (Defendant) was convicted of driving while intoxicated in violation of § 577.010.1 Defendant presents three points on appeal. He contends: (1) the trial court erred in admitting evidence that Defendant refused to take a portable breath test prior to his arrest; (2) the trial court erred in admitting evidence concerning certain field sobriety tests administered to Defendant...

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