Gougler v. State

CROW, Judge.

On April 17, 1992, Jack R. Gougler (“Movant”) pled guilty to driving while intoxicated (“DWI”), § 577.010, RSMo 1986. The date of the crime was March 23, 1992. The information alleged — and Movant admitted — he had two previous convictions of DWI, one in 1987 and one in 1991. The plea court sentenced Movant to four years’ imprisonment as a persistent offender (class D felony) per § 577.023.1(2), RSMo 1986.1 Judgment and sentence were entered the date of the plea.

On June 30, 1992, the Supreme Court of Missouri decided State v. Stewart, 832 S.W.2d 911 (Mo. banc 1992). Stewart…