State v. Miller

ROBERT S. BARNEY, Judge.

Following a bench trial, Appellant, Zachary Miller (“Defendant”), was convicted of the Class D felony of driving while intoxicated, in violation of section 577.010.1 Pursuant to section 577.023, the trial court sentenced Defendant, as a prior and persistent offender, to four years imprisonment but suspended the execution of the sentence and placed him in a five year supervised probation program with special conditions.

As best we discern Defendant’s sole point on appeal, he contends the State failed to prove he was a persistent offender under section 577.023.1(2), and…