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STATE v. BROWNING

No. WD 76144.

458 S.W.3d 418 (2015)

STATE of Missouri, Respondent, v. Gary Preston BROWNING Jr., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 3, 2015.

Application for Transfer Denied April 28, 2015.

Attorney(s) appearing for the Case

Richard A. Starnes, Jefferson City, MO, for respondent.

James R. Brown, Kearney, MO, for appellant.

Before Division Three: Karen King Mitchell, Presiding Judge, Cynthia L. Martin, Judge and Gary D. Witt, Judge.

Gary Browning ("Browning") appeals his conviction of driving while intoxicated as an aggravated offender following a jury trial. He complains that there was insufficient foundation to permit the admission of Sergeant Joe Kantola's ("Sgt. Kantola") testimony about the results of administration of the horizontal gaze nystagmus...

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