Van v. State

CROW, Judge.

Appellant, Johnny B. Van, charged with the class D felony of driving while intoxicated, § 577.010, RSMo 1986, and § 577.023, RSMo Cum.Supp.1993,1 pled guilty pursuant to a plea agreement wherein the prosecutor agreed: (a) to refrain from charging Appellant “as a prior and persistent offender,” and (b) to recommend a five-year prison sentence, to run concurrently with sentences on which Appellant was “on probation down in Pemiscot County, Missouri.”

The plea court accepted Appellant’s plea and imposed the five-year sentence, ordering that it “be served concurrent with sentence…