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GERDES v. STATE

No. 81-315.

319 N.W.2d 710 (1982)

Mark GERDES, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

May 28, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mary E. Steenson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Kenneth Saffold, Sp. Asst. Attys. Gen., St. Paul, James E. O'Neill, County Atty., Pipestone, for respondent.

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

SCOTT, Justice.

The appellant, Mark Gerdes, was found guilty by a jury of possession of a short-barreled shotgun, in violation of Minn.Stat. § 609.67, subd. 2 (1980).1 For this conviction the trial judge sentenced appellant to a 5-year prison term, with execution of sentence stayed provided that he serve 60 days in the county jail.

On this appeal from judgment of conviction and from an order of the district court denying post...

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