Missouri Court of Appeals, Western District / Sep 8, 2020
Christopher L. Wright vs. State of Missouri
Christopher Wright appealed the denial of his Rule 24.035 motion for post-conviction relief after pleading guilty to felony driving while intoxicated as a persistent offender. Wright argued the State failed to prove his prior enhancing offenses and the court did not make the required statutory finding that he was a persistent DWI offender. The Western District affirmed, holding that Wright's guilty plea to the information, which alleged prior DWIs, and his admission in his petition waived the State's burden of proof, and the plea court effectively found him to be a persistent offender.