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STATE v. LEVINGSTON

No. CX-83-1025.

361 N.W.2d 61 (1985)

STATE of Minnesota, Respondent, v. Deotis LEVINGSTON, Appellant.

Supreme Court of Minnesota.

January 25, 1985.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey III, Atty. Gen., Tom Foley, Ramsey Co. Atty., Steven C. DeCoster, Asst. Co. Atty., St. Paul, for respondent.

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

SIMONETT, Justice.

Defendant was found guilty by a district court jury of one count of felony theft by wrongfully obtaining AFDC in an amount over $2,500 and one count of felony theft by wrongfully obtaining food stamps in an amount over $150, Minn.Stat. §§ 256.98, 393.07, subd. 10(a), and 609.52, subd. 3(1) and (2) (1982). The trial court sentenced defendant for the more serious of the two offenses to 19 months in prison but stayed execution of the term...

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