State v. Collins

Appeal from a conviction of felony driving while intoxicated, section 577.010, RSMo 1986. Appellant was sentenced to three hundred and twenty-six days of incarceration in the Cole County Jail. Collins claims that the trial court erred in sentencing him as a persistent offender because the state failed to charge and prove that he had two prior intoxication-related traffic offenses within ten years of a previous intoxication-related traffic offense. The judgment of conviction is reversed and the cause is remanded with directions to set aside Collins' felony conviction and sentence as a…