State of Missouri, ex rel. Robert Parks, Franklin County Prosecuting Attorney, Relator v. The Honorable David L. Hoven, Associate Circuit Judge, Division VI, Twentieth Judicial Circuit

Gary M. Gaertner, Jr., Judge

Introduction

■ The Franklin County Prosecuting Attorney, Robert Parks, (Relator) has filed a petition for writ of prohibition seeking to prohibit the Respondent, the Honorable David L. Hoven, from setting aside the guilty plea and vacating the judgment and sentence in State v. Mark Sumpter, case number 20R39500052. We issued- a preliminary order, which we now make permanent. 1

Factual and Procedural Background

On December 17, 1994, Mark Sumpter (Sumpter) received a citation for operating a motor vehicle in an intoxicated condition (DWI). 2 The record reveals the…