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LORING v. STATE

No. 41396.

176 N.W.2d 604 (1970)

James Edward LORING, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 10, 1970.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, and Rosalie E. Wahl, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., James O'Connor and John R. Kenefick, Sp. Asst. Attys. Gen., St. Paul, Joe E. Thompson, County Atty., Willmar, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

PER CURIAM.

Defendant, charged with the theft on September 25, 1966, of eight 10 by 20 tires and rims in violation of Minn.St. 609.52, subd. 2(1), was convicted upon his plea of guilty, which was tendered and accepted on April 12, 1967, after he withdrew a not-guilty plea immediately before the trial was to commence. Following a presentence investigation, he was sentenced on May 26, 1967, to imprisonment for a term of not to exceed 5 years.

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