State v. Sondermann

CRIST, Judge.

Defendant was charged with three counts of involuntary manslaughter in violation of § 565.024, RSMo 1986. At the conclusion of the jury-waived trial, the trial court found Defendant guilty of the lesser included offense of driving while intoxicated, and sentenced him to six months’ imprisonment. Defendant asserts the offense of driving while intoxicated is not a lesser included offense of involuntary manslaughter as defined in § 565.024. We disagree and affirm.

Defendant relies heavily on the case of State v. Bextermueller, 643 S.W.2d 292 (Mo.App.1982), for the proposition that…