STATE OF MISSOURI,
)
)
Respondent,
)
)
vs.
)
No. WD 76304
)
HENRY L. SUTTON,
)
)
Appellant.
)
__________________________________________________________________
APPEAL TO THE MISSOURI COURT OF APPEALS
WESTERN DISTRICT
FROM THE CIRCUIT COURT OF PETTIS COUNTY, MISSOURI
18TH JUDICIAL CIRCUIT, DIVISION 1
THE HONORABLE ROBERT L. KOFFMAN, JUDGE
__________________________________________________________________
APPELLANT’S BRIEF APPENDIX
__________________________________________________________________
Margaret M. Johnston, MOBar #45913
Attorney for Appellant
Woodrail Centre
1000 West Nifong
Building 7, Suite 100
Columbia, Missouri 65203
Telephone (573) 882-9855
FAX (573) 884-4793
maggie.johnston@mspd.mo.gov
Electronically Filed - WESTERN DISTRICT CT OF APPEALS - November 04, 2013 - 03:24 PM GMT+00:00
IN THE
MISSOURI COURT OF APPEALS
WESTERN DISTRICT
__________________________________________________________________
Page
State’s Exhibit 9 (collision diagram) .......................................................... A-1
Section 227.250, RSMo 2000 ..................................................................... A-2
Section 301.010(19), RSMo Supp. 2009 .................................................... A-2
Section 302.010(6), RSMo Supp. 2008 ...................................................... A-2
Section 302.321, RSMo Supp. 2005 ............................................... A-3 to A-4
Sentence and Judgment ................................................................... A-5 to A-6
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TABLE OF CONTENTS TO APPENDIX
Electronically Filed - WESTERN DISTRICT CT OF APPEALS - November 04, 2013 - 03:24 PM GMT+00:00
A-1
The commission shall have power to close temporarily for the purpose of
construction or repair any portion of a state highway to public use and to
issue regulations controlling the use of state highways and all properties
relating thereto.
(R.S.1939, § 8758.)
301.010(19) “Highway”, any public thoroughfare for vehicles, including
state roads, county roads and public streets, avenues, boulevards,
parkways or alleys in any municipality
(L.2009, H.B. No. 683, § A.)
302.010(6) “Highway”, any public thoroughfare for vehicles, including
state roads, county roads and public streets, avenues, boulevards,
parkways, or alleys in any municipality;
(L.2008, S.B. Nos. 930 & 947, § A, eff. July 1, 2009.)
A-2
Electronically Filed - WESTERN DISTRICT CT OF APPEALS - November 04, 2013 - 03:24 PM GMT+00:00
227.250. Commission may close state highway temporarily, when
1. A person commits the crime of driving while revoked if such person
operates a motor vehicle on a highway when such person's license or
driving privilege has been canceled, suspended, or revoked under the laws
of this state or any other state and acts with criminal negligence with
respect to knowledge of the fact that such person's driving privilege has
been canceled, suspended, or revoked.
2. Any person convicted of driving while revoked is guilty of a class A
misdemeanor. Any person with no prior alcohol-related enforcement
contacts as defined in section 302.525, convicted a fourth or subsequent
time of driving while revoked or a county or municipal ordinance of
driving while suspended or revoked where the defendant was represented
by or waived the right to an attorney in writing, and where the prior three
driving-while-revoked offenses occurred within ten years of the date of
occurrence of the present offense; and any person with a prior alcoholrelated enforcement contact as defined in section 302.525, convicted a third
or subsequent time of driving while revoked or a county or municipal
ordinance of driving while suspended or revoked where the defendant
was represented by or waived the right to an attorney in writing, and
where the prior two driving-while-revoked offenses occurred within ten
years of the date of occurrence of the present offense and where the person
received and served a sentence of ten days or more on such previous
offenses is guilty of a class D felony. No court shall suspend the imposition
of sentence as to such a person nor sentence such person to pay a fine in
lieu of a term of imprisonment, nor shall such person be eligible for parole
or probation until such person has served a minimum of forty-eight
consecutive hours of imprisonment, unless as a condition of such parole or
probation, such person performs at least ten days involving at least forty
hours of community service under the supervision of the court in those
jurisdictions which have a recognized program for community service.
Driving while revoked is a class D felony on the second or subsequent
conviction pursuant to section 577.010, RSMo, or a fourth or subsequent
conviction for any other offense.
A-3
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302.321. Driving while revoked, penalty—imprisonment, mandatory,
exception
(R.S.1939, § 8465. Amended by L.1951, p. 678, § A(§ 302.320); L.1961, p. 493,
§ 1; L.1972, S.B. No. 651, p. 944, § 1; L.1983, S.B. Nos. 318 & 135, p. 582, § 1;
L.1984, H.B. No. 1575, p. 588, § 1 Revision, eff. May 14, 1984; L.1989, 1st Ex.
Sess., H.B. No. 3, § A, eff. July 27, 1989; L.1995, H.B. No. 717, § A; L.1999,
S.B. No. 19, § A; L.2002, H.B. Nos. 1270 & 2032, § A; L.2005, H.B. No. 353, §
A; L.2005, S.B. Nos. 37, 322, 78, 351 & 424, § A.)
A-4
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CREDIT(S)
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A-5
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A-6