Opinion
No. 20313.
February 23, 1996. Motion for Rehearing or Transfer to Supreme Court Denied March 18, 1996. Application to Transfer Denied April 23, 1996.
APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY; HENRY W. WESTBROOKE, JR., ASSOCIATE JUDGE.
Thomas Patrick Deaton, Springfield, for appellant.
Thomas E. Mountjoy, Pros. Atty., Robert V. Franson, Asst. Pros. Atty., Springfield, for respondent.
Appellant was convicted in the Circuit Court of Greene County, Missouri, for driving while intoxicated. § 577.010. His case was tried before the court without a jury. Prior to trial, the Department of Revenue revoked appellant's driver's license as permitted by § 302.500, et seq., based on the same conduct that resulted in the driving while intoxicated charge. The only issue on appeal is whether the criminal conviction amounts to double jeopardy because of the state's previous revocation of appellant's driver's license.
References to statutes are to RSMo 1994.
Appellant filed a motion to dismiss the information charging him with driving while intoxicated contending the prior revocation of his driver's license for the same conduct upon which the criminal charge was based was double jeopardy. The trial court denied the motion holding that there was no double jeopardy. No error of law appears. See State v. Mayo, 915 S.W.2d 758 (Mo. banc 1996). Further opinion would have no precedential value. The judgment of conviction is affirmed.
PREWITT, P.J., and CROW, J., concur.