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STATE v. EISENHOUR

No. SD 32441.

410 S.W.3d 771 (2013)

STATE of Missouri, Plaintiff-Respondent, v. Steven Douglas EISENHOUR, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 12, 2013.

Attorney(s) appearing for the Case

Craig A. Johnston , Columbia, MO, for Appellant.

Chris Koster , Attorney General, and Gregory L. Barnes , Assistant Attorney General, Jefferson City, MO, for Respondent.

GARY W. LYNCH, J.

Steven Douglas Eisenhour ("Defendant") appeals his conviction, following a jury trial, of the class D felony of driving while intoxicated ("DWT") in violation of section 577.010.1.1 Defendant was sentenced as a persistent offender by the court to four years in prison.2 On appeal, Defendant claims the trial court erred in excluding evidence that his pre-arrest portable breathalyzer test ("PBT...

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