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STATE v. CATES

No. C9-85-1876.

384 N.W.2d 217 (1986)

STATE of Minnesota, Respondent, v. Phillip Gordon CATES, Appellant.

Court of Appeals of Minnesota.

March 25, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Douglas L. Ruth, Steele Co. Atty., Casey J. Christian, Asst. Co. Atty., Owatonna, for respondent.

C. Paul Jones, State Public Defender, Mary C. Cade, Asst. Public Defender, Minneapolis, for appellant.

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

OPINION

LANSING, Judge.

Phillip Cates pled guilty to first-degree burglary, Minn.Stat. § 609.582, subd. 1(a) and (b), and possession of stolen property, Minn.Stat. § 609.53, subd. 1. The question of whether Cates used, as opposed to possessed, a firearm during the burglary was disputed. The trial court took evidence, determined that Cates used the firearm, and imposed the mandatory 36-month sentence. After Cates appealed, the State moved...

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