State of Missouri v. David Scott Nowicki

Summary

The Missouri Supreme Court vacated the circuit court’s sentencing judgment and remanded for resentencing because the state failed to prove beyond a reasonable doubt that three of Nowicki’s prior convictions qualified as intoxication‑related traffic offenses (IRTOs). The Court held the claim challenging the sufficiency of the evidence is reviewed de novo and that §577.023.4 does not create a presumption that any listed conviction is an IRTO.