STATE v. DUKE

No. C5-82-774.

335 N.W.2d 511 (1983)

STATE of Minnesota, Respondent, v. Alvin DUKE, Appellant.

Supreme Court of Minnesota.

July 1, 1983.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Lawrence Hammerling, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief Appellate Section, Richard Osborne, J. Michael Richardson, Asst. County Attys., and Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

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


COYNE, Justice.

Defendant was charged by indictment with first-degree premeditated murder. A district court jury found him guilty of the lesser included offense of second-degree intentional murder. The trial court sentenced defendant to 116 months in prison, which is the presumptive sentence for second-degree murder by a person with a zero criminal history score. On his appeal from judgment of conviction and the order denying his post-trial motion, defendant seeks...

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