STATE v. GOBELY

No. C6-83-1569.

351 N.W.2d 39 (1984)

STATE of Minnesota, Respondent, v. Timothy Joseph GOBELY, Appellant.

Court of Appeals of Minnesota.

Review Granted September 12, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Ragnhild Anne Westby, St. Paul, for appellant.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and RANDALL, JJ.


OPINION

FORSBERG, Judge.

This is an appeal by the defendant, Timothy Joseph Gobely, from a conviction by a jury of receiving stolen property. The trial court found that a search of the defendant did not violate his fourth amendment rights. We disagree, and reverse.

FACTS

On April 22, 1983 a warrant was issued authorizing the search of an apartment in Roseville, Minnesota, for certain items...

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