QUEHL v. STATE (2020)

ORDER

Following a jury trial, William Quehl was convicted in the Circuit Court of Cole County of driving while intoxicated. The offense was categorized as a felony because of Quehl's recidivist status. After his conviction was affirmed on direct appeal, Quehl filed a motion for post-conviction relief under Supreme Court Rule 29.15. The motion court denied relief following an evidentiary hearing. Quehl appeals. He argues that both his trial and appellate counsel provided ineffective assistance when they failed to challenge the court's finding that Quehl was a chronic offender under § 577.023, RSMo 2016. He alleges that the chronic offender finding was subject to challenge in the trial court and on appeal because the court did not make the finding until his sentencing hearing, and because the finding was not supported by sufficient evidence of his prior convictions. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM: