State v. Olson

MONTGOMERY, Presiding Judge.

This appeal stems from a driving while intoxicated (DWI) conviction. Both parties agree State v. Stewart, 832 S.W.2d 911 (Mo. banc 1992), requires the imposition of the sentence here be reversed and the cause remanded for resentencing. The real issue is what additional relief should be directed.

The Appellant (Olson) was charged by amended information with DWI on December 31, 1990. § 577.0101. He was also charged as being a persistent offender (class D felony) under § 577.023,2 which sets forth provisions enhancing punishment for DWI offenses. The charge alleged…