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STATE v. SIMMONS

No. C9-82-406.

338 N.W.2d 247 (1983)

STATE of Minnesota, Respondent, v. Lucious F. SIMMONS, Appellant.

Supreme Court of Minnesota.

September 16, 1983.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Mollie G. Raskind, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Lee W. Barry, III, Asst. County Atty., Minneapolis, 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 aggravated robbery, Minn. Stat. § 609.245 (1982), for his role in the robbery of a service station, and was sentenced by the trial court to an executed term of 54 months in prison pursuant to Minn.Stat. § 609.11 (1982) and Minnesota Sentencing Guidelines and Commentary, II.E. (1982). On this appeal from judgment of conviction defendant contends that the evidence identifying him as...

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