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STATE v. STARNES

No. WD 69573.

318 S.W.3d 208 (2010)

STATE of Missouri, Respondent, v. Jeffrey L. STARNES, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 2010.

Application for Transfer Denied September 21, 2010.

Attorney(s) appearing for the Case

Craig A. Johnston , Columbia, MO, for appellant.

Shaun L. Mackelprang and Jayne T. Woods , Jefferson City, MO, for respondent.

Before Division Three: JAMES M. SMART, JR., Presiding Judge, JOSEPH M. ELLIS, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

After a jury trial, Jeffrey Starnes was convicted of driving while intoxicated (DWI). Based on this conviction, Starnes was sentenced by the trial court as a "chronic offender" to ten years in the Missouri Department of Corrections. Because the trial court failed to hear evidence and make a finding that Starnes had four or more intoxicated related offenses prior to the case being submitted to the jury in violation of Section 577.023,

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