Timothy A. Shepherd Missouri Cases

Timothy Shepherd appealed his conviction for driving while intoxicated, which was enhanced to a class B felony due to his status as a habitual offender based on prior Colorado convictions. The Missouri Supreme Court vacated the circuit court's judgment and remanded for resentencing. The Court held that prior out-of-state convictions qualify as intoxication-related traffic offenses (IRTOs) only if the underlying conduct meets Missouri's IRTO definition at the time of the current offense. The Court found the state failed to prove beyond a reasonable doubt that at least five of Shepherd's Colorado convictions involved actual 'driving' as defined by Missouri law, rather than merely 'actual physical control'.

Timothy A. Shepherd appealed his conviction for driving while intoxicated as a habitual offender, following a bench trial. He argued there was insufficient evidence to support the trial court's finding that he was a habitual offender, specifically challenging the use of out-of-state driving records and the interpretation of his prior Colorado convictions. The Eastern District of the Missouri Court of Appeals affirmed the trial court's judgment, holding that certified driving records from other states are permissible evidence and that his prior Colorado convictions qualified as intoxication-related traffic offenses under Missouri law.