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STATE v. CUSICK

No. CX-84-2153.

372 N.W.2d 424 (1985)

STATE of Minnesota, Respondent, v. James Michael CUSICK, Appellant.

Court of Appeals of Minnesota.

Review Granted October 18, 1985.

Attorney(s) appearing for the Case

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

Charles L. Hawkins, St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ., with oral argument waived.

OPINION

LANSING, Judge.

Defendant, convicted by a jury of unlawful possession of cocaine in violation of Minn.Stat. §§ 152.09, subd. 1(2); 152.02, subd. 3(1)(d); and 152.15, subd. 1(1) (1984), appeals from the judgment and from an order denying his post-trial motions. He contends the evidence was insufficient to establish knowing possession of cocaine. We reverse.

FACTS

On April 15, 1984, at about 11:00 p.m. appellant James Cusick...

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