STATE v. BUDKE

No. C8-85-475.

372 N.W.2d 799 (1985)

STATE of Minnesota, Respondent, v. Leon John BUDKE, Appellant.

Court of Appeals of Minnesota.

August 20, 1985.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, Michael L. Kirk, Ottertail County Atty., Fergus Falls, for respondent.

C. Paul Jones, Public Defender, Heidi H. Crissy, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by PARKER, P.J., and FOLEY and LESLIE, JJ., with oral argument waived.


OPINION

PARKER, Judge.

Leon Budke appeals from two convictions for burglary in the second and third degree in violation of Minn.Stat. § 609.582, subds. 2 and 3. Budke waived a trial by jury and allowed the court to make a determination of guilt based upon the omnibus hearing record. Budke contends that his confession is inadmissible because it was given in a custodial setting without a Miranda warning and because it was involuntary. In addition...

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