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STATE v. KELLEY

No. C4-82-1186.

342 N.W.2d 148 (1984)

STATE of Minnesota, Respondent, v. Michael KELLEY, Appellant.

Supreme Court of Minnesota.

January 13, 1984.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., Jerry Anderson, John B. Galus, Sp. Asst. Attys. Gen., St. Paul, John Valen, Morrison County Atty., Little Falls, for respondent.

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

COYNE, Justice.

Defendant, charged by indictment with first-degree premeditated murder, was found guilty by a district court jury of the lesser offense of second-degree intentional murder. Defendant was sentenced by the trial court to an executed term of 162 months in prison, the presumptive sentence for the offense by a person with a criminal history score of two. Defendant contends that he is entitled to a new trial on the grounds (1) that the trial court prejudicially...

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