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JOHNSON v. STATE

No. 78953.

938 S.W.2d 264 (1997)

Howard JOHNSON, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

January 21, 1997.

Attorney(s) appearing for the Case

Margaret Elise Branyan, Springfield, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Becky Owenson Kilpatrick, Asst. Attys. Gen., Jefferson City, for respondent.

WHITE, Judge.

Howard Johnson pleaded guilty to distributing marijuana in February of 1994. Although the sentencing judge found Mr. Johnson to be a persistent offender,1 he did not specifically refer to that finding during the formal oral pronouncement of sentence. Mr. Johnson argues that the written judgment and sentence, which specifies that he is a persistent offender, is inconsistent with the oral sentence and that the oral sentence...

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