Court of Appeals of Missouri, Southern District, First Division
FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable Calvin R.
W. LYNCH, J.
the trial court's finding that he was a chronic offender
and a jury trial, Roger Wayne Sallee ("Defendant")
was found guilty of the class B felony of driving while
intoxicated ("DWI") and sentenced to a seven-year
prison sentence. See sections 577.010 &
577.023.1(2).On appeal, Defendant advances five points
of alleged trial court error. In his first four points,
Defendant challenges the sufficiency of the evidence
supporting the trial court's finding that he was a
chronic offender. In point 5, Defendant claims that the trial
court abused its discretion in admitting alleged hearsay
testimony. Finding no merit in points 1, 4, and 5, which are
dispositive of the appeal, we do not reach the remaining
points and affirm Defendant's conviction.
and Procedural Background
approximately 8:00 p.m. on February 15, 2015, Springfield
Police Officer Chad Hartman ("Officer Hartman") was
dispatched to a Famous Footwear located on Independence Road
in Springfield on a "check vehicle call" for
"an intoxicated male" driving a white Ford Bronco
with an Arkansas license plate ("the check-vehicle
call"). Officer Hartman observed a vehicle matching the
given description, which was operated by Defendant and
started to drive away upon Officer Hartman's approach.
Officer Hartman initiated a traffic stop and, following the
administration of field sobriety tests, ultimately concluded
that Defendant was impaired and arrested him. Defendant's
blood alcohol content, as measured later by a breathalyzer
machine, was .191%.
was charged with DWI as a chronic offender. At a pretrial
conference, the State offered six exhibits (denominated
Exhibits A, B, C, D, E, and F) as evidence that Defendant was
convicted on six previous occasions of intoxication-related
traffic offenses ("IRTOs") in Arkansas. The trial
court admitted these exhibits into evidence and, based solely
upon these exhibits, ultimately found Defendant to be a
chronic offender beyond a reasonable doubt.
trial, Officer Hartman was the only witness to testify.
During that testimony, the prosecutor inquired regarding the
information that dispatch relayed to Officer Hartman during
the check-vehicle call. Defendant objected to this testimony
on the basis of "hearsay[.]" The trial court
overruled this objection "since it's not for the
truth of it, but I'll let it show his actions."
Officer Hartman then testified as follows:
Q. (By [the prosecutor]) Officer, you are saying that you
were dispatched there?
A. Yes. It was over off of Independence Road at Famous
Footwear. Right across the road is Hooters, which is a place
to eat, a bar and grill. A female from there called and
said an intoxicated male had left there, got into a vehicle,
and then drove back behind the Famous Footwear which was
where I was sent to.
was ultimately found guilty of DWI and sentenced as a chronic
offender. He timely appeals, raising five points. For ease of
analysis, we consider Defendant's points out of order and
points 1, 2, 3, and 4 together.
5 - Challenged testimony not offered to prove the truth ...