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STATE v. ANDERSON

No. 50559.

298 N.W.2d 63 (1980)

STATE of Minnesota, Respondent, v. Kevin Peter ANDERSON, Appellant.

Supreme Court of Minnesota.

October 10, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Lawrence Hammerling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas Johnson, County Atty., Vernon Bergstrom, Asst. County Atty. and Dorothy Florence, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

OTIS, Justice.

Defendant was found guilty by a district court jury of charges of burglary, theft over $100, and knowingly receiving or concealing stolen property. At the sentencing hearing the trial court dismissed the count charging receiving or concealing stolen property on motion of the state, and, although under Minn.Stat. § 609.585 (1978) he could have sentenced defendant to two prison terms, sentenced him only for the burglary to five years in prison. On...

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