STATE EX REL. KOSTER v. Jackson

WRIT OF CERTIORARI

LISA WHITE HARDWICK, Presiding Judge.

The State of Missouri seeks to quash a writ of habeas corpus granted to Craig Mitchell by the Buchanan County Circuit Court. The court found that Mitchell, after pleading guilty to driving while intoxicated, was improperly sentenced as a persistent offender based on a prior municipal offense that resulted in a suspended imposition of sentence. The State contends the court exceeded its authority in granting habeas relief because Mitchell procedurally defaulted on his sentencing claim by failing to raise it in a Rule 24.085 motion for…