State v. Crain

Robert Crain (“Defendant”) was arrested for driving while intoxicated and, based on two prior DWIs, was charged as a Class D felony persistent offender per § 577.023. 1 He later moved to quash the felony warrant. One of his prior DWIs involved only a fíne, which he claimed could not support persistent offender status due to § 577.023 amendments since his arrest. Persuaded, the trial court quashed the felony warrant, and the State sought this § 547.200 interlocutory appeal.

Defendant’s appeal brief faithfully reasserted his winning argument below. For reasonable strategic reasons we need not…