State v. Robbins

Deja vu.

Defendant was charged with the second offense of driving a motor vehicle while intoxicated. § 564.440 RSMo 1969, V.A. M.S. The jury returned a verdict April 9, 1971, finding defendant guilty and assessed his punishment at 15 days in the county jail. A motion for new trial was filed April 21, 1971, and the transcript on appeal contains the following unlabeled notation: “June 7, 1971. Hearing held on Defendant’s Motion for New Trial and the same is overruled. Defendant formally sentenced to fifteen days in County Jail. Notice of Appeal filed.”

The record does not disclose that defendant…