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State v. Vargas

Court of Appeals of Missouri, Western District, First Division

August 26, 2014

STATE OF MISSOURI, Respondent,
v.
DENNIS LEE VARGAS, Appellant

APPEAL FROM THE CIRCUIT COURT OF SALINE COUNTY. THE HONORABLE DENNIS A. ROLF, JUDGE.

Erika Eliason, Columbia, MO, Counsel for Appellant.

Adam Rowley, Jefferson City, MO, Counsel for Respondent.

BEFORE DIVISION ONE: MARK D. PFEIFFER, PRESIDING JUDGE, LISA WHITE HARDWICK AND KAREN KING MITCHELL, JUDGES.

OPINION

Page 268

Per Curiam

Order

Dennis Vargas appeals from his convictions for driving while intoxicated and driving while revoked. He contends the evidence was insufficient to convict him of driving while intoxicated because the State failed to establish that he was under the influence of alcohol at the time he operated his vehicle. He also asserts that the court plainly erred in failing to declare a mistrial sua sponte after a venireperson commented that he knew Vargas through a jail ministry. For reasons explained in a Memorandum provided to the parties, we find no error and affirm the judgment of convictions.

AFFIRMED. Rule 30.25(b).


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