(DOWNLOAD) "State Missouri v. Alan Walter Cobb" by Supreme Court of New Mexico ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Alan Walter Cobb
- Author : Supreme Court of New Mexico
- Release Date : January 26, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant Alan Walter Cobb was convicted of driving while intoxicated under § 577.010, RSMo 1986, and sentenced to four years imprisonment as a persistent intoxicated driving offender under § 577.023, RSMo 1986. On appeal to the Court of Appeals, Eastern District, Cobb argued that the state failed to prove the required number of prior convictions to establish his status as a persistent offender and that the prohibition against double jeopardy prevents the state from proving prior convictions at a subsequent proceeding. He also contended that the trial court should have ordered a new trial because the prosecutor made inappropriate comments during closing argument. The court of appeals, pursuant to Rule 83.02, transferred the case to this Court because of the general interest and importance of the double jeopardy issue. The judgment of conviction is affirmed; the judgment of sentence is reversed, and the case is remanded to the trial court for resentencing.