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STATE v. THOMAS

No. C2-84-610.

360 N.W.2d 458 (1985)

STATE of Minnesota, Respondent, v. Larry THOMAS, Appellant.

Court of Appeals of Minnesota.

January 15, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, Atty. Gen., St. Paul, Thomas Johnson, Hennepin Co. Atty., Paul R. Jennings, Asst. Co. Atty., Minneapolis, for respondent.

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

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

SUMMARY OPINION

NIERENGARTEN, Judge.

FACTS

Appellant Larry Thomas was convicted of burglary in the first degree in violation of Minn.Stat. § 609.582, subd. 1(c) (Supp. 1983) for breaking into Heather Petit's apartment on August 23, 1983, with the intent of committing a criminal sexual assault. Petit first encountered Thomas for about 20 minutes on August 20, 1983, at about 2:00 a.m. near her apartment. He had identified himself as "Michael...

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