DONALD WAYNE McMANNIS, Movant- Missouri Cases

Donald McMannis appealed the denial of his Rule 29.15 motion to set aside his conviction for driving while intoxicated (DWI), which was enhanced to a class B felony due to his habitual offender status. McMannis argued his sentence was in excess of the maximum authorized by law because the State's evidence was insufficient to prove his habitual offender status. The appellate court affirmed the motion court's denial, holding that a challenge to the sufficiency of evidence for habitual offender status is not cognizable in a Rule 29.15 proceeding, the claim was abandoned due to lack of evidence, and the *Nowicki* opinion on prior DWI convictions does not apply retroactively.