EFFINGER v. STATE

No. C2-85-147.

368 N.W.2d 418 (1985)

Vincent T. EFFINGER, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Granted August 13, 1985.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan Mitchell, St. Louis County Atty., Duluth, for respondent.

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


SUMMARY OPINION

FORSBERG, Judge.

FACTS

On January 14, 1976, appellant and his brother decided to rob and murder a cab driver to get some spending money. They called a cab and asked the driver to proceed to the intersection of two rural streets outside Duluth, Minnesota. Appellant struck the driver over the head five or six times with a wrench, took the unconscious driver's wallet, and pushed the driver out of the cab into a snowbank in sub-zero...

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