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State v. Otto

Missouri Court of Appeals, Eastern District, Division One
Nov 26, 1996
934 S.W.2d 639 (Mo. Ct. App. 1996)

Opinion

No. 69614.

November 26, 1996.

APPEAL FROM THE CIRCUIT COURT, ST. LOUIS COUNTY; BARBARA A. CRANCER, JUDGE.

Arthur L. Poger, Clayton, for Defendant/Appellant.

Robert P. McCulloch, Prosecuting Attorney, Michael A. Reilly, Clayton, for Plaintiff/Respondent.

Before DOWD, P.J., and REINHARD and GARY M. GAERTNER, JJ.


Defendant appeals after he was convicted by a jury of one count of driving while intoxicated, § 577.010, RSMo 1994. The court sentenced him as a prior offender to a county jail term of six months. The court then suspended execution of five months of the sentence and ordered "no early release" and "no work release." The state concedes that the sentence must be remanded for "clarification . . . by making the period of probation definite." Therefore, we remand the sentence with instruction for the trial court to designate a definite period of probation.

We have examined defendant's remaining points on appeal and conclude that no error occurred. An opinion on those issues would have no precedential value nor serve any jurisprudential purpose. Rule 30.25(b).

Affirmed in part, remanded in part.


Summaries of

State v. Otto

Missouri Court of Appeals, Eastern District, Division One
Nov 26, 1996
934 S.W.2d 639 (Mo. Ct. App. 1996)
Case details for

State v. Otto

Case Details

Full title:STATE OF MISSOURI, PLAINTIFF/RESPONDENT, v. JAMES T. OTTO…

Court:Missouri Court of Appeals, Eastern District, Division One

Date published: Nov 26, 1996

Citations

934 S.W.2d 639 (Mo. Ct. App. 1996)