State v. Johnson

HANNA, Judge.

The defendant was charged by way of information with forgery, § 570.090.1(1), RSMo 1986, a class C felony. The defendant filed a motion to dismiss the forgery charge for failing to state a cause of action, which was overruled by the trial court. Following a jury verdict of guilty, the court found the defendant a prior and persistent offender and sentenced him to three years imprisonment.

The evidence supporting the defendant’s conviction was as follows. On December 13, 1991, state trooper Tim Tinnen clocked the defendant’s vehicle on 1-70 at 75 m.p.h. Trooper Tinnen stopped…