TURNER v. STATE

No. SC 88651.

245 S.W.3d 826 (2008)

Reginald A. TURNER, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

March 4, 2008.


Attorney(s) appearing for the Case

S. Kathleen Webber, Office of Public Defender, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jayne T. WOods, Asst. Atty. Gen., Richard A. Starnes, Asst. Atty. Gen., for respondent.


STEPHEN N. LIMBAUGH, JR., Judge.

Reginald Turner appeals the denial of his Rule 24.035 motion for post-conviction relief after his plea of guilty to the class D felony of driving while intoxicated. He correctly argues that one of the prior DWI offenses used to enhance the penalty from a class A misdemeanor to a class D felony should not have been considered. After opinion by the Court of Appeals, Western District, this Court granted transfer. Mo. Const, art. V, &...

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