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[DOWNLOAD] "State V. Emery" by Missouri Supreme Court # eBook PDF Kindle ePub Free

State V. Emery

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eBook details

  • Title: State V. Emery
  • Author : Missouri Supreme Court
  • Release Date : January 28, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Ricky Lynn Emery appeals from his conviction for driving while intoxicated (DWI) and assault in the second degree. The trial court sentenced Emery without a jury verdict as to sentence, which is the manner prescribed for sentencing a prior or persistent offender under sections 558.016 and 557.036.4. *fn1 Emery contends, and the state agrees, that he was improperly sentenced where the state failed to offer evidence that he was a prior or persistent offender as required by section 558.021.2. The parties disagree, however, as to how this Court should remedy the error. Emery contends that his assault conviction should be vacated and that he should receive a new trial. The state requests remand for resentencing and an opportunity to prove Emery's prior and persistent offender status.


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