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STATE v. IRBY

No. C2-84-1790.

368 N.W.2d 19 (1985)

STATE of Minnesota, Respondent, v. Kelvin IRBY, Appellant.

Court of Appeals of Minnesota.

Review Denied July 11, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Michael Richardson, Asst. Co. Atty., Minneapolis, for respondent.

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

Considered and decided by POPOVICH, C.J., and WOZNIAK and FORSBERG, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

Appellant Kelvin Irby's conviction of second degree felony murder, Minn.Stat. § 609.19(2) (1982) arose out of a stabbing incident in Minneapolis. Appellant claims the evidence is insufficient, he was denied a fair trial because of prosecutorial misconduct, inadequate instructions, exclusion of defense evidence, and that the trial court erred in imposing the presumptive sentence. We affirm.

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