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STATE v. THOMAS

No. CX-84-225.

352 N.W.2d 526 (1984)

STATE of Minnesota, Respondent, v. Robert THOMAS, Appellant.

Court of Appeals of Minnesota.

Review Denied October 11, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Michael K. Jordan, Sp. Asst. Atty. Gen., St. Paul, Mark Thomason, Hubbard County Atty., Park Rapids, for respondent.

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

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

OPINION

NIERENGARTEN, Judge.

Appellant Robert Thomas' conviction for a sale of a controlled substance, assault in the second degree and obstructing legal process or arrest, arose out of a controlled sale of cocaine to an undercover state narcotics agent. Thomas claims the evidence was insufficient to support the assault conviction. He also raises sentencing questions, namely, that he was sentenced twice for a single behavioral incident and erroneously assigned...

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