State v. Collins
2011 Mo. LEXIS 4
| Mo. | 2011Background
- Collins was convicted of DWI as a chronic offender under §577.023.1(2) based on prior offenses,
- the driving record showed eight prior DWI/BAC offenses but did not indicate representation or waiver of counsel in those cases,
- the trial court found chronic offender status and raised the offense from a class B misdemeanor to a class B felony,
- he was sentenced to five years (felony) plus one year (DWS) concurrent,
- the State concedes the chronic-offender finding lacked proof of representation/waiver and requests remand for further evidence
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by finding Collins a chronic offender | Collins | State | Yes; lack of proof of representation/waiver defeats chronic-offender status |
| Appropriate remedy on remand for lack of proof | Collins | State | Vacate sentence; remand for re-sentencing on the DWI class B misdemeanor |
Key Cases Cited
- State v. Emery, 95 S.W.3d 98 (Mo. banc 2003) (timing/pre-sentencing evidence rules preclude remand proof)
- State v. Teer, 275 S.W.3d 258 (Mo. banc 2009) (timing requirement for evidence before sentencing)
- State v. Severe, 307 S.W.3d 640 (Mo. banc 2010) (no new evidence on remand; two bites of the apple rejected)
- State v. Craig, 287 S.W.3d 676 (Mo. banc 2009) (vacate and remand for appropriate status in court-tried case)
- State v. Cullen, 39 S.W.3d 899 (Mo. App. 2001) (remand duplicative evidence barred for prior offenses)