State v. Shepherd
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The Supreme Court vacated the judgment of the circuit court convicting Defendant for driving while intoxicated and sentencing him as a habitual offender, holding that the circuit court erred in sentencing Defendant as a habitual offender.
On appeal, Defendant argued that the State failed to prove he was a habitual offender based solely on a certified copy of his Colorado driving record. Specifically, Defendant argued that the State failed to introduce facts underlying the Colorado convictions to show that the conduct at issue would qualify as intoxication-related traffic offenses (IRTOs) in Missouri at the time of his current offense. The Supreme Court vacated the judgment, holding that the State failed to prove beyond a reasonable doubt that Defendant was convicted of at least five prior IRTOs based solely on his Colorado driving record.
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