State of Missouri v. Robert E. Wheeler

MARK D. PFEIFFER, Presiding Judge.

Robert E. Wheeler (“Wheeler”) appeals the judgment of the Circuit Court of Caldwell County, Missouri (“trial court”), sentencing him as a persistent offender under section 577.023, 1 after a jury found him guilty of driving while intoxicated (“DWI”), § 577.010. Wheeler argues in his point relied on that the trial court erred in sentencing him as a persistent DWI offender.

We affirm.

Factual and Procedural Background

Wheeler does not challenge the sufficiency of the evidence to prove that he was guilty of DWI. Nor does he claim that he was not properly charged as…