Criminal Law : DWI – Prior Convictions –  Sentencing Enhancements

Listen to this article

Where a defendant who pleaded guilty to DWI and one count of driving without a valid license challenged the enhancement of the offenses to felonies, the case is remanded for resentencing on the offense of driving without a license because the state did not present any evidence to support a finding that the defendant had prior convictions for the offense and there was no evidence that he waived such proof, but the enhancement of the DWI offense  is affirmed because the defendant agreed with the prosecutor’s statement that he had 10 prior DWI convictions and he acknowledged the prior convictions at sentencing, so he waived proof of his prior convictions.

Judgment is affirmed in part; reversed in part; remanded.

Sayre v. State (MLW No. 71421/Case No. WD80132 – 13 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Sullivan County, Mason-White, J. (Ellen H. Foottman, Columbia, for appellant) (Julia E. Neidhardt, Jefferson City, for respondent).

Read the full text of this opinion. (PDF)