State v. Drake

GARY M. GAERTNER, Judge.

In this consolidated appeal, appellant, State of Missouri (“state”), appeals from the order of the Circuit Court of St. Louis County suspending the imposition of respondent’s, Odis Drake’s (“driver”), sentence and granting him probation after driver pled guilty as a persistent offender to two separate counts of driving while intoxicated, RSMo § 677.010 (1994). We dismiss.

The facts are briefly as follows: On August 12, 1994, driver pled guilty as a persistent offender to each of two separate counts of driving while intoxicated, RSMo § 677.010, arising out of driving…