The holding in Erlinger emanated from Alleyne v. United States, 570 U.S. 99
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Citation: The holding in Erlinger emanated from Alleyne v. United States, 570 U.S. 99
The Missouri Supreme Court upheld section 577.023.2, which allows circuit courts rather than juries to determine whether prior DWI convictions occurred on separate occasions for purposes of charging a persistent offender felony. The court rejected the defendant's argument that this procedure facially violates the Fifth and Sixth Amendments, finding the statute constitutional and that the circuit court lacked authority to dismiss the felony charge.