State of Missouri, Plaintiff-Respondent, v. Norman Ellsworth, Defendant-Appellant. Norman Ellsworth, Movant-Appellant, v. State of Missouri, Respondent-Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: State of Missouri, Plaintiff-Respondent, v. Norman Ellsworth, Defendant-Appellant. Norman Ellsworth, Movant-Appellant, v. State of Missouri, Respondent-Respondent. Case Number: Nos. 69328/71432 Handdown Date: 08/05/1997 Appeal From: Circuit Court of St. Louis County, Hon. Alphonso H. Voorhees Counsel for Appellant: Irene Karns Counsel for Respondent: Breck K. Burgess Opinion Summary: None Citation: Opinion Author: Per Curiam Opinion Vote: AFFIRMED. Reinhard, P.J., Karohl and Dowd, JJ., concur. Opinion: DIVISION SIX O R D E R Defendant appeals after his conviction by a jury of one count of driving while intoxicated, section 577.010, RSMo

1. The court sentenced him as a prior and persistent offender to a prison term of five years. Defendant also appeals

the denial of his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. Defendant does not address any points in his appeal to the denial of his Rule 29.15 motion. Therefore, that appeal is considered abandoned. See State v. Nelson, 818 S.W.2d 285, 287 (Mo. App. 1991). We affirm. We have reviewed the record and find the claims of error are without merit; the judgment of the motion court is based on findings of fact that are not clearly erroneous. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rules

30.25(b) and 84.16(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.