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STATE v. FERNOW

No. C5-83-400.

354 N.W.2d 438 (1984)

STATE of Minnesota, Respondent, v. Raymond E. FERNOW, Appellant.

Supreme Court of Minnesota.

September 14, 1984.

Attorney(s) appearing for the Case

Michael G. Singer, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, County Atty., St. Paul, for respondent.

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

COYNE, Justice.

Defendant was found guilty by a district court jury of a charge that on July 27, 1982, he committed the crime of theft by retaining possession of a 1934 Buick Coupe Model 66S owned by one William Westerhoff and valued at more than $2,500. Minn.Stat. § 609.52, subd. 2(1) and 3(1) (1982). The trial court sentenced defendant to a term of 1 year and 1 day in prison but stayed execution of the term and placed defendant on probation, subject to a number...

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