Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Calvin R.
W. LYNCH, P.J.
found Sheena Darlene Cordell ("Defendant") guilty
of driving on September 20, 2012, while intoxicated.
See section 577.010. The trial court sentenced her to four
years' imprisonment in the Department of Corrections. The
trial court suspended execution of that sentence and placed
Defendant on probation for five years. Defendant timely
trial, the State offered Defendant's "Missouri
Driver Record" certified by the Missouri Department of
Revenue ("DOR") showing Defendant's
"current Driver History Information recorded
with the [DOR] as of December 4, 2013[, ]" as evidence
of her previous intoxication-related traffic offenses
("IRTO") and the basis for sentencing Defendant as
an aggravated offender. Her driver record shows, as pertinent
trial court admitted Defendant's driver record over
Defendant's objections and found that Defendant was an
sole point relied on does not challenge the admission of her
driver record, but rather asserts that the trial court erred
in finding she was an aggravated offender because "the
State failed to produce sufficient evidence . . . that the
acts underlying the two municipal convictions were acts
specifically prohibited under Missouri's driving while
intoxicated statutes, §§ 577.001 and
is the State's burden to prove prior [IRTOs] beyond a
reasonable doubt." State v. Craig, 287 S.W.3d
676, 681 (Mo. banc 2009). The standard of review for this
court-tried issue is the same as in a jury-tried case.
In reviewing a claim that there was not sufficient evidence
to sustain a criminal conviction, this Court does not weigh
the evidence but, rather, accepts as true all evidence
tending to prove guilt together with all reasonable
inferences that support the verdict, and ignores all contrary
evidence and inferences. This Court asks only whether there
was sufficient evidence from which the trier of fact
reasonably could have found the defendant guilty.
State v. Claycomb, 470 S.W.3d 358, 362 (Mo. banc
2015) (internal quotation marks and citations omitted). The
State may prove its case by presenting direct or
circumstantial evidence. State v. Plopper, 489
S.W.3d 848, 849-50 (Mo.App. 2016). Upon appellate review,
circumstantial evidence is given the same weight as direct
evidence and the fact finder may make reasonable inferences
from the evidence presented. Id. at 850.
while intoxicated in violation of section 577.010 is
punishable for a first offense as a class B misdemeanor.
Section 577.010.2. If the offender is an aggravated offender,
however, it is punishable as a class C felony. Section
577.023.4. "An 'aggravated
offender' is a person who [h]as pleaded ...