Legal Opinion

State v. Stewart

Supreme Court of Missouri

Decided June 30, 1992No. 74473PublishedCited by 40 opinions

1Opinion of the Court

HAROLD L. LOWENSTEIN, Special Judge.

This case has been transferred, following opinion, from the Court of Appeals, Southern District. The crucial question before the Court is the interpretation of the elements the state must charge and prove to show “persistent offender” status under § 577.023, RSMo Cum.Supp.1991, 1 Missouri’s provisions enhancing punishment for drunk driving offenses.

The respondent, Stewart, was charged with driving while intoxicated on April 1, 1989. Section 577.010, RSMo 1986. By an amended information he was also charged as being a prior (Class A misdemeanor) and a…

2Cases cited10 opinions

  1. Bifulco v. United StatesSupreme Court of the United States · 1980
  2. State v. TreadwaySupreme Court of Missouri · 1977
  3. State v. SweeneySupreme Court of Missouri · 1985
  4. State v. ShaferSupreme Court of Missouri · 1980
  5. State v. WalkerSupreme Court of Missouri · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. State Ex Rel. Simmons v. WhiteSupreme Court of Missouri · 1993
  2. State v. CobbSupreme Court of Missouri · 1994
  3. State v. RoweSupreme Court of Missouri · 2002
  4. State v. SevereSupreme Court of Missouri · 2010
  5. State v. HillMissouri Court of Appeals · 1993

35 more not listed; retrieve them via the Exa API.

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