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921 S.W.2d 147

State v. Nevills

Missouri Court of Appeals

Decided April 30, 1996

Missouri Court of Appeals · decided 1996-04-30

Relies on State v. Mayo

Decided 1996-04-30

PER CURIAM.

¶1The State of Missouri appeals the dismissal of the driving while intoxicated charge against defendant Penny L. Nevills. The trial court found the prosecution of the charge violated the Double Jeopardy Clause because defendant previously had his license administratively suspended.

¶2This 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.

¶3*148The judgment is reversed and the cause remanded for further proceedings.

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