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JOHNSON v. STATE

No. CX-86-827.

393 N.W.2d 376 (1986)

Michael John JOHNSON, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied November 17, 1986.

Attorney(s) appearing for the Case

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

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

Heard, considered and decided by LANSING, P.J., and PARKER and NIERENGARTEN, JJ.

OPINION

PARKER, Judge.

This appeal is from an order denying post-conviction relief. Appellant Michael Johnson was sentenced to 49 months for burglary and a consecutive sentence of 72 months for robbery.

FACTS

In March 1985 Johnson and his accomplice, Donovan Horsman, broke into the home of Gerald Davis. At the time, Mr. Davis was in the house with four of his five children, ranging in age from four to ten years. Mrs. Davis had taken their...

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