State v. Harris

GARRISON, Judge.

Bobby Gene Harris (Movant) entered a plea of guilty to the Class D felony of driving while intoxicated under an information which also alleged two prior convictions. On June 17, 1992, he was sentenced to three years’ imprisonment and fined $500 as a persistent offender pursuant to § 577.023.1 Execution of the sentence was suspended and he was *700placed on probation for three years. Movant filed no direct appeal from that judgment and sentence.

On June 30, 1992, the Missouri Supreme Court decided State v. Stewart, 832 S.W.2d 911 (Mo. banc 1992). The Stewart opinion construed §…