Miles v. State

GREENE, Judge.

Movant, Billy Mac Miles, appeals from the circuit court’s denial, after evidentiary hearing, of his Rule 27.261 motion to vacate consecutive five-year sentences imposed after his conviction on two unrelated counts of driving while intoxicated, third offense, which crimes are class D felonies. §§ 577.010.1,2 577.023.1(2), 577.023.3, and 558.011.1(4).

In his sole point relied on, Miles asserts the hearing court erred to movant’s prejudice in denying his motion to vacate because:

[t]he preponderance of the evidence presented demonstrated that at the time of movant’s trial the trial…