Missouri Court of Appeals, 1996

State v. Minton

State v. Minton
Missouri Court of Appeals · Decided April 30, 1996 · Grimm, Karohl, Reinhard
921 S.W.2d 147; 1996 Mo. App. LEXIS 758; 1996 WL 208373 (South Western Reporter, Second Series)

State v. Minton

Opinion of the Court

PER CURIAM.

The State of Missouri appeals the dismissal of the driving while intoxicated charge against defendant Gifford Minton. 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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