State of Missouri v. Keith A. Coday

Keith A. Coday appeals the circuit court’s judgment sentencing him as a persistent offender after the court found him guilty of driving while intoxicated following a bench trial. In his sole point on appeal, Coday contends that the evidence was insufficient to support the circuit court’s finding that he was a persistent DWI offender. We reverse the circuit court’s judgment finding Coday to be a persistent offender and remand for resentencing.

The State charged Coday with driving while intoxicated as a persistent offender. Coday does not challenge the sufficiency of the evidence supporting his…