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STATE v. STITH

No. 48726.

292 N.W.2d 269 (1980)

STATE of Minnesota, Respondent, v. Norvell Shapleigh STITH, Appellant.

Supreme Court of Minnesota.

April 11, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender and Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, David W. Larson, Asst. County Atty., Thomas A. Weist and Janeen E. Rosas, Asst. County Attys., Minneapolis, for respondent.

Heard before KELLY, YETKA and SCOTT, JJ., and considered and decided by the court en banc.

YETKA, Justice.

The appellant was convicted of two counts of theft by swindle, Minn.Stat. §§ 609.52, subd. 2(4), 3(1), 609.05 (1978), two counts of theft by representation, Minn. Stat. §§ 609.52, subd. 2(3), 3(1), 609.05 (1978), and seven counts of securities fraud, Minn.Stat. §§ 80A.01, 80A.22, 609.05 (1978). The trial court imposed two consecutive 0-10 year prison terms and fines of $20,000 for the two counts of theft by swindle. Stith...

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