State v. Briegel

Defendant was convicted after a jury trial of driving while intoxicated. The offense was committed on May 18, 1991. The conviction was on December 9, 1991.

Defendant was charged as a persistent offender (Section 577.023.1(2)), RSMo Supp. 1991, and as a prior offender (Section 577.023.1(3) RSMo Supp.1991). The allegations of the amended information, and the proof at trial, were that defendant had been twice convicted of intoxication-related traffic offenses before his May 18, 1991 commission of the offense for which he was now charged and on trial. The two previous convictions had occurred…