Supreme Court of Missouri

State of Missouri v. Timothy A. Shepherd

April 26, 2022

Summary

The Court held that the State failed to prove beyond a reasonable doubt that at least five of Shepherd's prior Colorado convictions qualified as intoxication-related traffic offenses under Missouri law. Because the Colorado driving record did not establish whether four convictions involved actual driving or merely actual physical control of a vehicle, it could not support the habitual-offender enhancement. The judgment was vacated and the case remanded for resentencing.