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STATE v. MOORE

No. 50524.

295 N.W.2d 101 (1980)

STATE of Minnesota, Respondent, v. Roger Elvis MOORE, Appellant.

Supreme Court of Minnesota.

July 3, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Susan Maki, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Asst. County Atty., Chief, App. Section, David W. Larson, Asst. County Atty., and Thomas A. Weist, Minneapolis, for respondent.

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

SCOTT, Justice.

Defendant was found guilty by a district court jury of a charge of simple robbery, Minn.Stat. § 609.24 (1978), and was sentenced by the trial court to a limited maximum prison term of 3 years (instead of the 10 permitted by statute). Defendant raises three issues on appeal: sufficiency of evidence, admission of other-crime evidence, and failure of the trial court to sua sponte submit the lesser misdemeanor offense of theft by swindle of property...

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