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STATE v. HOLLIDAY

No. 37901.

546 S.W.2d 38 (1976)

STATE of Missouri, Respondent, v. Donald HOLLIDAY, Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

December 28, 1976.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, James W. Whitney, Jr., Jeffrey Shank, Asst. Public Defender, St. Louis, for appellant.

Thomas W. Shannon, Pros. Atty., David Miller, Dennis Kay, Lawrence E. Manion, Asst. Pros. Attys., St. Louis, for respondent.

CLEMENS, Judge.

The state charged defendant Donald Holliday with attempting to steal property of unstated value (§ 556.150, RSMo.). In a jury-waived trial the court found him guilty of stealing and sentenced him to six months' imprisonment. The state does not challenge defendant's point on appeal that he was charged with one offense and improperly convicted of a greater one. We must either remand for re-sentencing, or reverse outright for plain...

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