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STATE v. HOUSTON

No. C4-84-608.

359 N.W.2d 336 (1984)

STATE of Minnesota, Respondent, v. Verdel L. HOUSTON, Appellant.

Court of Appeals of Minnesota.

December 18, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minn., Thomas J. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Appellant Verdel Houston was charged and convicted of aggravated robbery. He challenges the admission of a photograph seized during a warrantless search and claims the evidence was insufficient to convict. We find the photograph was improperly admitted and reverse and remand for a new trial.

FACTS

On February 17, 1982, a man in a stocking cap armed with a dangerous weapon robbed a Brook's Superette convenience store...

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