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STATE v. MENDOZA

No. 50876.

297 N.W.2d 286 (1980)

STATE of Minnesota, Respondent, v. August Gregory MENDOZA, Jr., Appellant.

Supreme Court of Minnesota.

September 5, 1980.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert Streitz, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Norman Coleman, Jr., Sp. Asst. Atty. Gen., St. Paul, Michael Kirk, County Atty., Fergus Falls, for respondent.

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

PETERSON, Justice.

Defendant was found guilty by a district court jury of a charge of attempted simple robbery, Minn.Stat. §§ 609.17 and 609.24 (1978), and was sentenced by the trial court to a maximum prison term of 5 years. On this appeal from judgment of conviction, defendant contends (1) that his conviction and sentence should be reversed as being in violation of § 609.035 or (2) that at least he should...

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