Hawkins v. State

PREWITT, Judge.

Movant entered a plea of guilty to a Class D felony of driving while intoxicated and was sentenced to one-year imprisonment. Thereafter, he filed a motion under Rule 24.035, seeking to vacate the conviction. The trial court denied the motion without an evidentiary hearing. Movant appealed.

Movant contends that the trial court erroneously denied his motion as he was sentenced as a persistent driving-while-intoxicated offender. He says the sentencing was improper because the state only pled and showed two prior intoxicated-related offenses prior to the one in which he entered a…