339 S.W.3d 612
Mo. Ct. App.2011Background
- Acevedo was convicted by bench trial of two counts of driving with a revoked license under §302.321.
- The State sought to enhance the offenses from class A misdemeanors to class D felonies based on prior driving-while-revoked convictions.
- Exhibits showed four prior convictions allegedly qualifying as enhanced predicates; some were driving while suspended, not revoked, under different statutes.
- Two October 14, 2008 and November 24, 2008 incidents involved driving while license was revoked with no alcohol-related enforcement contacts.
- The trial court overruled a motion for acquittal and sentenced Acevedo to concurrent two-year terms with five years’ probation on each count.
- Acevedo argues the State failed to prove three prior driving-while-revoked convictions necessary for class D felony enhancement under §302.321.2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of prior convictions for enhancement | Acevedo: three prior DWVR convictions not proven; only four exhibits show suspensions, some not under §302.321. | State: §302.321.1–2 treats suspensions as DWVR under the law; all prior acts qualify for enhancement. | Prior suspensions under MVFR count; enhancement sustained. |
Key Cases Cited
- State v. Daniel, 103 S.W.3d 822 (Mo. App. 2003) (analyzes statutory meaning of driving while revoked)
- Dorsey v. State, 115 S.W.3d 842 (Mo. banc 2003) (interprets 'under the laws of this state' to include suspensions/ revocations)
- State v. Craig, 287 S.W.3d 676 (Mo. banc 2009) (standard of review in court-tried cases; evidence sufficiency)
- State v. McKinney, 253 S.W.3d 110 (Mo. App. 2008) (evidence sufficiency; standard of review)
- State v. Sears, 298 S.W.3d 561 (Mo. App. 2009) (sufficiency; review of motion for acquittal)