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LILLIE v. DIRECTOR OF REVENUE, STATE OF MISSOURI

No. 26176.

139 S.W.3d 222 (2004)

Jonathon R. LILLIE, Respondent v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

July 26, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl Caponegro Nield, Asst. Atty. Gen., Jefferson City, for appellant.

Dan L. Birdsong, Rolla, for respondent.

PER CURIAM.

The Director of Revenue ("Director") appeals from a judgment of the circuit court of Phelps County ordering the Director to reinstate respondent's license to operate a motor vehicle, which had been revoked pursuant to § 577.041 RSMo. We reverse and remand.

The Director has filed a motion herein asking this court to remand this case to the trial court for a hearing on the record. The motion avers that the prosecuting attorney who represented...

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