State v. Stewart

KENNETH W. SHRUM, Presiding Judge.

A jury found William Stewart (“Defendant”) guilty of driving while intoxicated (§ 577.010) (“DWI,” class D felony) and driving while his license was revoked (§ 802.321) (“DWR,” class A misdemean- or). 1 The trial court sentenced Defendant to seven years’ imprisonment for the DWI count, running concurrently to a one-year sentence for the DWR count. 2 Defendant alleges the trial court committed plain error when it failed to sua sponte instruct the jury on the defense of justification under section 568.026. We find no error, plain or otherwise. We affirm.

On the…