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STATE v. OTTO

No. 69614.

934 S.W.2d 639 (1996)

STATE of Missouri, Plaintiff/Respondent, v. James T. OTTO, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

November 26, 1996.

Attorney(s) appearing for the Case

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

Robert P. McCulloch, Prosecuting Attorney, Michael A. Reilly, Asst. Pros. Atty., St. Louis County, Clayton, for Plaintiff/Respondent.

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

PER CURIAM.

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...

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