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STATE v. OPENLANDER

No. 66618.

939 S.W.2d 531 (1997)

STATE of Missouri, Respondent, v. Michael P. OPENLANDER, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

February 25, 1997.

Attorney(s) appearing for the Case

Joseph L. Green, St. Louis, for appellant.

Amy Jacobsen, Asst. Pros. Atty., St. Charles County, St. Charles, for respondent.

Before CRAHAN, P.J., and GRIMM and HOFF, JJ.

ORDER

PER CURIAM.

Defendant was convicted by a jury of felony driving while intoxicated, § 577.010 RSMo Cum.Supp.1982, for which he was sentenced to a term of five years. Defendant claims the instructions in the case, MAI-CR 3d 331.02 and 304.08, violate due process by confusing and misleading the jury and diminishing the State's burden of proof. Defendant also asserts the trial court erred in failing to strike two jurors sua sponte for...

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