State v. Ewanchen

COVINGTON, Judge.

This case involves the question of whether the persistent offender statute may be applied when the offense actuating the sentence enhancement was itself enhanced from a misdemeanor to a felony by § 577.023. 1 Prior to the present proceedings, in 1982 and 1986, John Ewanchen was convicted of two intoxication-related traffic offenses, driving while intoxicated and driving with excessive blood alcohol content. Ewanchen was also previously convicted of two felonies — operating a motor vehicle without the owner’s consent and exhibiting a deadly weapon in a rude, angry and…