Supreme Court of Missouri / Jan 13, 2026
State ex rel. Catherine Hanaway, Relator, vs. The Honorable Craig Hellmann, Respondent.
The State of Missouri sought a writ of prohibition after the circuit court dismissed a felony DWI charge against Richard James Johnson, who was charged as a persistent offender. The circuit court found the persistent offender statute, section 577.023.2, facially unconstitutional for violating Fifth and Sixth Amendment rights by requiring a judge, not a jury, to find predicate facts for sentencing enhancement. The Supreme Court of Missouri made its preliminary writ of prohibition permanent, holding that the statute is not facially unconstitutional because existing procedural rules, such as Rule 27.02(s) and MAI-CR 4th 405.01, provide a mechanism for a jury to make the necessary findings. Therefore, the circuit court lacked authority to dismiss the charge.