State v. Lemons
2011 Mo. App. LEXIS 1096
| Mo. Ct. App. | 2011Background
- Lemons was convicted of DWI and sentenced as a chronic offender under section 577.023.7(2) to seven years.
- The State relied on three Missouri prior intoxication-related convictions for enhancement after Arkansas conviction information was admitted from a Driver Record.
- The Arkansas conviction was listed as “Arkansas by CIRCUIT court” without identifying the specific circuit court.
- Lemons objected to the Driver Record’s Arkansas entry and sought to show lack of Arkansas conviction, arguing insufficient identification for rebuttal.
- The trial court admitted the Driver Record and found Lemons to be a chronic offender; the jury returned a DWI verdict.
- On appeal, Lemons challenges (i) whether the State must prove representation or waiver of counsel for prior offenses, and (ii) whether the Driver Record alone suffices to prove the Arkansas conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is proof of counsel representation required for prior offenses used for enhancement? | Lemons argues the State must show representation or waiver for all priors. | Lemons contends the amended statute still requires such proof; the prior convictions may be used regardless. | No; statute does not require proof of counsel for priors used for enhancement. |
| Does Lemons' Driver Record adequately prove an Arkansas conviction without identifying the circuit court? | Lemons asserts the Arkansas entry fails to identify the court, hindering verification. | State relies on Collins that listed pleaded/found guilty crimes; Arkansas entry is sufficient to prove prior offense with minimal info. | Driver Record insufficient; Arkansas court identification required to prove a foreign conviction beyond reasonable doubt. |
Key Cases Cited
- State v. Craig, 287 S.W.3d 676 (Mo. banc 2009) (state must prove prior intoxication offenses beyond a reasonable doubt)
- State v. Pike, 162 S.W.3d 464 (Mo. banc 2005) (sufficient facts must support chronic-offender finding)
- State v. Collins, 328 S.W.3d 705 (Mo. banc 2011) (driver record can prove pleaded/guilty offenses; requires minimal content for out-of-state records)
- West v. Dir. of Revenue, 184 S.W.3d 578 (Mo.App. S.D.2006) (foreign-violation court identification required to contest driving privileges under Compact)
- Nichols v. United States, 511 U.S. 738 (1994) (upheld enhancement based on prior uncounselled conviction when constitutionally applicable)