Legal Opinion
State v. Downing
Missouri Court of Appeals
Decided October 25, 2011No. WD 73103PublishedCited by 12 opinions
1Opinion of the Court
CYNTHIA L. MARTIN, Judge.
David Downing (“Downing”) appeals from the trial court’s judgment convicting and sentencing him on a charge of driving while intoxicated as a prior and persistent offender. Downing claims that the trial court erred in denying his motion to strike his persistent offender status because pursuant to section 577.023 1 , his 2004 offense for driving while intoxicated could not be used for enhancement purposes as he was ordered to pay a fine in addition to receiving a suspended execution of sentence and being placed on probation. We affirm.
Factual and Procedural History
The…
2Cases cited6 opinions
- Hyde Park Housing Partnership v. Director of RevenueSupreme Court of Missouri · 1993
- State v. SimmonsMissouri Court of Appeals · 1973
- Turner v. StateSupreme Court of Missouri · 2008
- State v. SimmonsMissouri Court of Appeals · 2008
- State v. PesceMissouri Court of Appeals · 2010
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. StarkeyMissouri Court of Appeals · 2012
- State v. SlavensMissouri Court of Appeals · 2012
- State v. SalmonMissouri Court of Appeals · 2018
- State v. MoadMissouri Court of Appeals · 2013
- State v. SeayMissouri Court of Appeals · 2013
7 more not listed; retrieve them via the Exa API.