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STATE v. MILLER

No. 26160.

153 S.W.3d 333 (2005)

STATE of Missouri, Respondent, v. Zachary MILLER, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

January 21, 2005.

Attorney(s) appearing for the Case

Bruce Galloway, Springfield, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Daniel N. McPherson, Asst. Atty. Gen., Jefferson City, for respondent.

ROBERT S. BARNEY, Judge.

Following a bench trial, Appellant, Zachary Miller ("Defendant"), was convicted of the Class D felony of driving while intoxicated, in violation of section 577.010.1 Pursuant to section 577.023, the trial court sentenced Defendant, as a prior and persistent offender, to four years imprisonment but suspended the execution of the sentence and placed him in a five year supervised probation program with special conditions...

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