State of Missouri v. Timothy A. Shepherd

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. A certified driving record showed the convictions but did not establish whether the underlying conduct involved driving or merely being in actual physical control of a vehicle, and the latter does not qualify under the applicable Missouri definition. The Court vacated the habitual-offender sentence and remanded for resentencing.