State v. Starnes

GARY D. WITT, Judge.

After a jury trial, Jeffrey Starnes was convicted of driving while intoxicated (DWI). Based on this conviction, Starnes was sentenced by the trial court as a “chronic offender” to ten years in the Missouri Department of Corrections. Because the trial court failed to hear evidence and make a finding that Starnes had four or more intoxicated related offenses prior to the case being submitted to the jury in violation of Section 577.023, 1 we vacate the sentence and remand for resen-tencing.

I. Factual Background

Jeffrey Starnes was charged in the Circuit Court of Clay County…