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WENSMAN v. STATE

No. C0-83-76.

342 N.W.2d 150 (1984)

Charles E. WENSMAN, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

January 13, 1984.

Attorney(s) appearing for the Case

C. Paul Jones, Minn. State Public Defender by Margaret LaMarche, Asst. State Public Defender, Minneapolis, for appellant.

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

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

SIMONETT, Justice.

On October 13, 1979, while executing a warrant to search petitioner's apartment in connection with a homicide investigation, Minneapolis police discovered and seized cocaine pursuant to the plain-view seizure rule. Petitioner was subsequently charged with unlawful possession of cocaine. After the trial court denied his motion to suppress, petitioner pleaded guilty and was sentenced to 5 years in prison with execution stayed. Probation was revoked...

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