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STATE v. JOHNSTON

No. C9-86-9.

390 N.W.2d 451 (1986)

STATE of Minnesota, Respondent, v. Michael J. JOHNSTON, Appellant.

Court of Appeals of Minnesota.

Review Denied August 27, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, Stephen C. Rathke, Crow Wing County Atty., Brainerd, for respondent.

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

Considered and decided by RANDALL, P.J., and LANSING and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge

Appellant Michael Johnston was convicted of second degree felony murder in violation of Minn.Stat. § 609.19(2) (1984). The trial court sentenced appellant to 240 months in prison, an upward durational departure. On appeal, appellant argues that (1) he was too intoxicated to form the necessary intent to commit a felony assault, (2) the State's chief witness was an accomplice and her testimony was not sufficiently corroborated,...

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