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STATE v. CUSICK

No. CX-84-2153.

387 N.W.2d 179 (1986)

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

Supreme Court of Minnesota.

May 23, 1986.

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 appellant.

Charles E. Hawkins, St. Paul, for respondent.

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

AMDAHL, Chief Justice.

Defendant was found guilty by a district court jury of possession of cocaine and was sentenced by the trial court to 1 year and 1 day in prison, with execution stayed for 5 years on condition that he spend 6 months in the work house and otherwise comply with the conditions of probation. The Court of Appeals, in a 2 to 1 decision, reversed defendant's conviction, holding that the state's evidence was...

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