Legal Opinion
State v. Cain
Missouri Court of Appeals
Decided May 15, 2009No. SD 29090PublishedCited by 5 opinions
1Opinion of the Court
GARY W. LYNCH, Chief Judge.
Howard Lee Cain II (“Defendant”) brings this appeal following his conviction, where he was sentenced as a prior offender under section 577.023.1(5). 1 on the charge of driving while intoxicated, in violation of section 577.010. 2 Finding that the trial court plainly erred in sentencing Defendant as a prior offender, this Court reverses and remands for resentencing.
Factual and Procedural Background
On April 6, 2007, off-duty Ozark County reserve deputy Steve Bryant was driving home from Gainesville when he heard radio traffic from the sheriffs office dispatcher…
2Cases cited27 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Adams v. WilliamsSupreme Court of the United States · 1972
- Wilkerson v. PrelutskySupreme Court of Missouri · 1997
- State Ex Rel. Simmons v. WhiteSupreme Court of Missouri · 1993
- State v. PikeSupreme Court of Missouri · 2005
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. PeeryMissouri Court of Appeals · 2010
- State v. LongMissouri Court of Appeals · 2014
- State v. SmithMissouri Court of Appeals · 2012
- State v. PadenMissouri Court of Appeals · 2017
- STATE OF MISSOURI, Plaintiff-Respondent v. BRENT LONGMissouri Court of Appeals · 2014