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State v. Russell

Missouri Court of Appeals, Western District.
Jan 31, 2023
659 S.W.3d 642 (Mo. Ct. App. 2023)

Opinion

WD 84746

01-31-2023

STATE of Missouri, Respondent, v. Earl Harrison RUSSELL, II, Appellant.

Dora Fichter, Jefferson City, MO, for Respondent. James Christopher Egan, Columbia, MO, for Appellant.


Dora Fichter, Jefferson City, MO, for Respondent.

James Christopher Egan, Columbia, MO, for Appellant.

Division One: Anthony Rex Gabbert, Presiding Judge, W. Douglas Thomson, Judge and Janet Sutton, Judge

ORDER

PER CURIAM:

Earl Harrison Russell, II ("Russell") appeals his conviction of the class E felony of driving while intoxicated ("DWI"), claiming the trial court plainly erred in sentencing him as a persistent offender in violation of § 577.023 and his right to due process under the Fourteenth Amendment to the United States Constitution and Article 1, § 10 of the Missouri Constitution. In particular, Russell argues the trial court failed to make a finding that he was a persistent DWI offender prior to the submission of the case to the jury. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 30.25(b).

" ‘The version of the statute effective on the date of the DWI offense is the applicable statute.’ " State v. Wheeler , 439 S.W.3d 241, 242 n.1 (Mo. App. W.D. 2014) (quoting State v. Collins , 328 S.W.3d 705, 706 n.1 (Mo. banc 2011) ). Russell committed the DWI offense "on or about December 30, 2019[.]" Accordingly, all statutory citations are to RSMo 2017, as updated through the 2018 Cumulative Supplement, unless otherwise noted.

All rule references are to Missouri Supreme Court Rules (2022).


Summaries of

State v. Russell

Missouri Court of Appeals, Western District.
Jan 31, 2023
659 S.W.3d 642 (Mo. Ct. App. 2023)
Case details for

State v. Russell

Case Details

Full title:STATE of Missouri, Respondent, v. Earl Harrison RUSSELL, II, Appellant.

Court:Missouri Court of Appeals, Western District.

Date published: Jan 31, 2023

Citations

659 S.W.3d 642 (Mo. Ct. App. 2023)