State v. Carson

LAWRENCE E. MOONEY, Judge.

The defendant appeals his judgment of conviction for the class-D felony of driving while intoxicated (“DWI”). The trial court used his prior municipal-court conviction for driving with excessive blood-alcohol content (“BAC”) to enhance the penalty he faces for DWI. The defendant challenges the use of this municipal-court BAC conviction, citing Turner v. State, 245 S.W.3d 826 (Mo. banc 2008). The defendant argues that the Missouri Supreme Court’s reasoning in Turner compels us to conclude, by logical extension, that the use of his prior municipal-court BAC conviction…