State v. Cullen

RICHARD B. TEITELMAN, Judge.

Patrick Cullen (Defendant) was found guilty by a jury of driving while intoxicated (DWI), in violation of § 577.010 RSMo 1994, and was sentenced by the trial court to six months’ confinement. 1 The State of Missouri appeals from the trial court’s order denying its request that it be allowed to prove Defendant’s alleged persistent DWI offender status, under § 577.023, after submission of the case to the jury but before sentencing. The State argues on appeal that, notwithstanding the fact that the statute expressly requires such status must be proved prior to jury…