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STATE v. MIGNONE

No. WD 75654.

411 S.W.3d 361 (2013)

STATE of Missouri, Appellant, v. Anthony Robert MIGNONE, Respondent.

Missouri Court of Appeals, Western District.

October 22, 2013.

Attorney(s) appearing for the Case

Alyssa M. Mayer , for Appellant.

Jeffrey S. Eastman , Gladstone, for Respondent.

Before Special Division: ZEL FISCHER, Special Presiding Judge, VICTOR C. HOWARD, Judge and MARK D. PFEIFFER, Judge.

VICTOR C. HOWARD, Judge.

The State appeals from the judgment of the motion court dismissing with prejudice the charge against Anthony Mignone for driving while intoxicated in violation of section 577.010.1 The motion court's dismissal was based on section 577.037.5, which requires dismissal with prejudice of a driving while intoxicated charge where the defendant has had a properly administered chemical breath analysis resulting in a blood...

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