OTT LAW

State of Missouri, Respondent, v. Michael Hancock, Appellant.

Decision date: April 26, 2005SC85948

Opinion

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion

Case Style: State of Missouri, Respondent, v. Michael Hancock, Appellant. Case Number: SC85948 Handdown Date: 04/26/2005 Appeal From: Circuit Court of Greene County, Hon. Calvin R. Holden Counsel for Appellant: Jeffrey S. Eastman Counsel for Respondent: Richard A. Starnes Opinion Summary: Michael Hancock appeals from his felony conviction for driving while intoxicated and his sentence as a persistent offender. AFFIRMED. Court en banc holds: For the reasons stated in State of Missouri v. Jeremy Pike, ___ S.W.3d ___ (Mo. banc 2005), also decided this date, the judgment is affirmed. Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. All concur. Opinion: Michael Hancock appeals from his felony conviction for driving while intoxicated and his sentence as a persistent offender based on two prior driving while intoxicated convictions. Hancock argues that charging him with a felony based partly on a prior municipal driving while intoxicated conviction violates the Equal Protection clauses of the United States and Missouri Constitutions. (FN1) This Court has jurisdiction. Mo. Const. art. V, section 3. Hancock's contentions are resolved in State of Missouri v. Jeremy Pike, __ S.W.3d __ (Mo. banc 2005) (No.

SC86083, decided April 26, 2005). For the reasons stated in that opinion, the judgment is affirmed. All concur. Footnotes: FN1. U.S. Const. amends. V and XIV; Mo. Const. art. I, sec. 2. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

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