State v. Rose

PATRICIA L. COHEN, Presiding Judge.

Introduction

Defendant Tommy G. Rose (“Defendant”) appeals his conviction of driving while intoxicated, in violation of Section 577.010, 1 and sentence as a persistent offender, pursuant to Section 577.023, to four years imprisonment. We affirm in part and reverse and remand in part.

Background

On January 18, 2003, between 9:30 and 9:45 p.m., Normandy police officer Brian Bardie responded to a radio dispatch, which reported a red pickup truck weaving in and out of traffic on Highway 70. Officer Bardie spotted the truck, observed it nearly collide with another…