Opinion

State v. Brown

  • 921 S.W.2d 146
  • 1996 Mo. App. LEXIS 755
  • 1996 WL 208368
Court
Missouri Court of Appeals
Filed
Apr 30, 1996
Status
Published
On the bench
Grimm, Karohl, Reinhard
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

PER CURIAM.

The State of Missouri appeals the dismissal of the driving while intoxicated charge against defendant Gene G. Brown. The trial court found the prosecution of the charge violated the Double Jeopardy Clause because defendant previously had his license administratively suspended.

This case is controlled by the Missouri Supreme Court’s recent decision in State v. Mayo, 915 S.W.2d 758 (Mo. banc 1996). There, the court held a charge of driving while intoxicated is not barred by Double Jeopardy because the defendant’s license had been administratively suspended. Thus, it reversed the trial court’s dismissal of the charge against the defendant.

The judgment is reversed and the cause remanded for further proceedings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.