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STATE v. KIRK

No. ED 82870.

130 S.W.3d 740 (2004)

STATE of Missouri, Plaintiff/Respondent, v. Brian L. KIRK, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

March 30, 2004.

Attorney(s) appearing for the Case

Douglas W. Hennon; Carson & Coil, P.C., Jefferson City, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephanie Morrell, Assistant Attorney General, Jefferson City, MO, for Respondent.

Before GLENN A. NORTON, P.J. and KATHIANNE KNAUP CRANE, J. and MARY K. HOFF, J.

ORDER

PER CURIAM.

Brian L. Kirk (Defendant) appeals from the trial court's judgment convicting him of one count of misdemeanor stealing, a lesser-included offense of felony stealing, in violation of Section 570.030.1 The trial court sentenced Defendant to one year in the Franklin County Jail and fined him $1000, but the trial court suspended the execution of the sentence and placed Defendant on two years of probation.

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