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  5. 349 N.W.2d 824 (1984)
 

STATE v. RACHUY

Nos. C7-81-278, C7-81-409 and C1-82-1565.

349 N.W.2d 824 (1984)

STATE of Minnesota, Respondent, v. Gale Allen RACHUY, Appellant,

Supreme Court of Minnesota.

June 8, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, State Public Defender, Elizabeth B. Davies, Asst. Public Defender, Law Center, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis County Atty., John E. DeSanto, Asst. County Atty., Duluth, for respondent.

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

WAHL, Justice.

Petitioner was charged by indictment in St. Louis County with two counts of theft based on the same behavioral incident: count I, theft by false representation, and count II, theft by swindle, Minn.Stat. § 609.52, subd. 2(3, 4) (1982). A district court jury found him guilty of both counts. The trial court sentenced petitioner on count II to 5 years in prison1 and adjudicated...

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