STATE v. HYVARE

No. C6-83-549.

354 N.W.2d 835 (1984)

STATE of Minnesota, Respondent, v. Steven B. HYVARE, Appellant.

Supreme Court of Minnesota.

September 21, 1984.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Thomas Johnson, Hennepin County Atty., Minneapolis, for respondent.

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


COYNE, Justice.

Defendant was found guilty by a district court jury of aggravated robbery, Minn. Stat. § 609.245 (1982), and was sentenced by the trial court to 54 months in prison, the presumptive sentence at the time under section 609.11 and Minnesota Sentencing Guidelines and Commentary II.E. (1982). On appeal, defendant does not challenge the sufficiency of the evidence but contends that he should be given a new trial because the trial court prejudicially...

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