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STATE v. LaTOURELLE

No. C9-82-387.

343 N.W.2d 277 (1984)

STATE of Minnesota, Respondent, v. Charles LaTOURELLE, Appellant.

Supreme Court of Minnesota.

January 20, 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., Norman B. Coleman, Jr., Janet Newberg Anderson, Sp. Asst. Attys. Gen., St. Paul, Roger S. Van Heel, Stearns Co. Atty., St. Cloud, for respondent.

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

Affirmed; Counts I and III vacated; remanded for action consistent with this opinion.

YETKA, Justice.

Charles LaTourelle appeals from his conviction on three counts of first-degree murder: one under Minn.Stat. § 609.185(1) (1982) (premeditated murder) and two under Minn.Stat. § 609.185(2) (1982) (felony murder). The two counts of felony murder were based on different sections of the statute defining criminal sexual conduct in the first degree: Minn...

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