Missouri Court of Appeals, Eastern District / Jan 31, 2023
State of Missouri, Respondent, vs. James P. Golden, Appellant.
James Golden appealed his conviction for driving while intoxicated, challenging the trial court's finding that he was a persistent offender. He argued the State failed to prove his prior DWI convictions qualified as intoxication-related traffic offenses (IRTOs) under the statutory definition of 'driving' in effect at the time of his current offense. The appellate court affirmed, holding that the charging documents for his prior convictions, which alleged he 'operated' a vehicle, provided sufficient evidence to infer 'driving' and thus supported the persistent offender finding.