State v. Massey

LISA WHITE HARDWICK, Judge.

Neil Massey was convicted by jury of driving while intoxicated, § 577.010, RSMo 1994, and sentenced as a prior and persistent offender to five years imprisonment. Massey presents two issues on appeal: (1) whether the trial court plainly erred in determining that he refused to take a breathalyzer test; and (2) whether the trial court plainly erred in allowing the State to present evidence of Massey’s prior license revocation and moving violation warrants relative to the vehicle he was driving. The State argues we should apply the escape rule and dismiss Massey’s…