State v. Stewart

MARY R. RUSSELL, Judge.

Donald R. Stewart (“Defendant”) was convicted of driving with a revoked license as a class D felony and was sentenced to three years in prison pursuant to section 302.321.2 RSMo 2000. 1 The execution of the sentence was suspended.

Defendant appeals his conviction and sentencing arguing that (1) he should not have been convicted and sentenced for a class D felony because the plain language of section 302.321.2 provides that driving with a revoked license is a class A misdemeanor, (2) section 302.321.2 is ambiguous in that it is unclear how many prior viola tions are…