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STATE v. CRAIN

No. 51740.

306 N.W.2d 891 (1981)

STATE of Minnesota, Respondent, v. Carl CRAIN, Appellant.

Supreme Court of Minnesota.

June 26, 1981.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Kenneth W. Saffold, Sp. Asst. Attys. Gen., St. Paul, Richard W. Swanson, County Atty., Grand Marais, for respondent.

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

OTIS, Justice.

Defendant was found guilty of theft of over $150, Minn.Stat. § 609.52, subd. 2(1) and subd. 3(2) (1980). He was sentenced to a maximum five-year prison term to run concurrently with a prior sentence which resulted in parole revocation. In addition, the court ordered restitution and fined defendant $200. We affirm.

1. There is no merit to the contention that the evidence did not establish that

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