State v. Blake

MORGAN, Judge.

A jury found appellant guilty of driving while intoxicated (first offense — a class B misdemeanor) in violation of § 577.010.2(1) 1 and assessed his punishment at six months imprisonment under § 558.011.1(6) (the maximum confinement authorized for the offense charged); and thereafter, the court entered judgment accordingly from which an appeal was taken to the Western District of the Court of Appeals.

Under Rule 83.02, the Western District transferred the cause to this court by reason of its finding that Instruction No. 5, mandated by MAI-CR2d 31.02, was prejudi-cially erroneous…