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STATE v. MOSS

No. CX-85-1577.

374 N.W.2d 590 (1985)

STATE of Minnesota, Respondent, v. Ralph L. MOSS, Appellant.

Court of Appeals of Minnesota.

Review Denied November 1, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Minneapolis, for respondent.

C. Paul Jones, Minnesota State Public Defender, Steven P. Russett, Asst. State Public Defender, Minneapolis, for appellant.

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

SUMMARY OPINION

HUSPENI, Judge.

FACTS

On July 29, 1981 appellant Ralph Moss was sentenced to thirteen months imprisonment after pleading guilty to three counts of theft by swindle over $150 in violation of Minn.Stat. § 609.52, subd. 2(4) and 3(2) (1980). Execution was stayed for five years and appellant was placed on probation for five years on each count, with the condition that Moss pay $12,000 in restitution and that the sentences run concurrently...

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