STATE v. HOYT

No. WD 51306.

922 S.W.2d 443 (1996)

STATE of Missouri, Respondent, v. John W. HOYT, Appellant.

Missouri Court of Appeals, Western District.

May 28, 1996.


Attorney(s) appearing for the Case

James J. Wheeler, Wheeler and Wheeler, Keytesville, for appellant.

James Bradley Funk, Assistant Prosecuting Attorney, Macon County, Macon, for respondent.

Before LAURA DENVIR STITH, P.J., and ULRICH and SMART, JJ.


ULRICH, Judge.

John Hoyt appeals from his class B misdemeanor conviction of driving while intoxicated, Section 577.010 RSMo 1994. He asserts that the trial court erred in: 1) overruling his motion to dismiss in that res judicata and collateral estoppel prohibited the state from filing charges again after the first charge was dismissed; 2) denying his motion for dismissal because the criminal prosecution and the license revocation proceeding emanated from the same...

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