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STATE v. OLTEN

Nos. WD 71482, WD 71483.

326 S.W.3d 137 (2010)

STATE of Missouri, Respondent, v. Dale S. OLTEN, Jr., Appellant.

Missouri Court of Appeals, Western District.

November 23, 2010.

Attorney(s) appearing for the Case

Margaret M. Johnston , Assistant State Public Defender, Columbia, MO, for Appellant.

Chris Koster , Attorney General, Jamie Pamela Rasmussen , Assistant Attorney General, Jefferson City, MO, for Respondent.

Before Division II: JAMES EDWARD WELSH, Presiding Judge, and MARK D. PFEIFFER and KAREN KING MITCHELL, Judges.

MARK D. PFEIFFER, Judge.

Following a jury trial in the Circuit Court of Cole County ("trial court"), Dale Olten, Jr. ("Olten"), was convicted on one count of burglary in the first degree, § 569.160,1 and one count of burglary in the second degree, § 569.170, and was sentenced to two concurrent seven-year prison sentences. Olten appeals his conviction of burglary in the first degree, contending that the trial court erred in overruling...

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