# State v. Brown

> Missouri Court of Appeals · April 30, 1996 · 921 S.W.2d 146

URL: https://www.frixlaw.com/law-library/cases/5090337

## Case

- **Full name:** STATE of Missouri v. Gene G. BROWN, Defendant/Respondent
- **Court:** Missouri Court of Appeals
- **Decided:** April 30, 1996
- **Citations:** 921 S.W.2d 146; 1996 Mo. App. LEXIS 755; 1996 WL 208368
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Grimm, Karohl, Reinhard
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5090337

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5090337. Public record. Not legal advice.