Missouri Court of Appeals, 1996

State v. Ray

State v. Ray
Missouri Court of Appeals · Decided April 30, 1996 · Grimm, Karohl, Reinhard
921 S.W.2d 143; 1996 Mo. App. LEXIS 752; 1996 WL 208356 (South Western Reporter, Second Series)

State v. Ray

Opinion of the Court

PER CURIAM.

The State of Missouri appeals the dismissal of the driving while intoxicated charge against defendant Kevin Lee Ray. The trial court found the prosecution of the charge violated the Double Jeopardy Clause because *144defendant 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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