State v. Davis

HAROLD L. LOWENSTEIN, Judge.

Michael Davis (“Defendant”) appeals his conviction for driving while intoxicated. Defendant was sentenced to three years in the Missouri Department of Corrections as a Persistent Alcohol Offender. On appeal Defendant raises three points of instructional error and, in his fourth point, challenges the constitutionality of Section 577.023. 1

I. Facts

Defendant became intoxicated and disorderly while drinking at Quacker’s Bar and Grill in Holt County. He refused to leave when asked by the bartender. The bartender then called the Holt County Sheriff and reported that…