Green v. State

SHRUM, Judge.

On November 30, 1990, Claude Green (Movant) entered a plea of guilty to driving while intoxicated (DWI) in violation of § 577.010, RSMo 1986. Because Movant was charged as a persistent offender, the offense was a class D felony, § 577.023.1(2), RSMo 1986. The trial court sentenced Movant on that date to five years’ imprisonment. Execution of his sentence was stayed and he was placed on probation.

In November 1992, Movant’s probation was revoked and the trial court ordered the previously imposed five-year sentence to be executed. After that, Movant filed a timely motion under Rule…