(Download) "Charles R. Hawkins v. State Missouri" by Southern District, Division Two Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Charles R. Hawkins v. State Missouri
- Author : Southern District, Division Two Court of Appeals of Missouri
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Movant entered a plea of guilty to a Class D felony of driving while intoxicated and was sentenced to one-year imprisonment.
Thereafter, he filed a motion under Rule 24.035, seeking to vacate the conviction. The trial court denied the motion without
an evidentiary hearing. Movant appealed. Movant contends that the trial court erroneously denied his motion as he was sentenced as a persistent driving-while-intoxicated
offender. He says the sentencing was improper because the state only pled and showed two prior intoxicated-related offenses
prior to the one in which he entered a plea. As § 577.023, RSMo 1986, was construed in State v. Stewart, 832 S.W.2d
911 (Mo. banc 1992), there must be three offenses prior to the one charged, to make one a persistent offender.