State v. Warfield

FLANIGAN, Judge.

A jury found defendant guilty of driving while intoxicated, § 577.010, 1 a Class B misdemeanor. The punishment imposed by the court, pursuant to defendant’s request that the court sentence him, consisted of a $300 fine and a term of three months in jail. Execution of the imprisonment was suspended, and defendant was placed on probation. Defendant appeals.

Defendant’s sole point is that the trial court erred in overruling his motion to dismiss. The motion was filed and overruled on the morning of the jury trial and prior to its commencement. Defendant contends that the motion…