STATE v. LAWRENCE

No. 81-275.

312 N.W.2d 251 (1981)

STATE of Minnesota, Respondent, v. Douglas Albert LAWRENCE, Appellant.

Supreme Court of Minnesota.

November 20, 1981.


Attorney(s) appearing for the Case

Harry N. Ray and Jeff M. Zalasky, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Robert F. Carolan, Co. Atty., and Mark Lystig, Asst. County Atty., Hastings, for respondent.

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


SIMONETT, Justice.

Defendant, on stipulated facts, was found guilty of the crime of "receiving stolen property" worth more than $150 in violation of Minn.Stat. § 609.53, subd. 1(1) (1980). Defendant was sentenced by the trial court to 26 months in prison, with execution stayed for 5 years, defendant to serve the first 45 days in jail. Defendant appeals, claiming his prosecution should have been barred because (a) he stole the property involved and so could only...

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