State v. Dering

GRIMM, Presiding Judge.

Defendant was charged with “driving while intoxicated 3rd offense — felony” in violation of § 577.010, RSMo 1986. The State alleged and proved two prior intoxication-related traffic offenses. The trial court found defendant to be a persistent offender pursuant to § 577.023.31 and sentenced him to four years in the department of corrections.

On direct appeal, defendant’s sole point contends that the trial court erred in finding him to be a persistent offender. The State agrees. In State v. Stewart, 832 S.W.2d 911, 913 (Mo. banc 1992), decided after this case was tried,…