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STATE v. HENDERSON

No. CX-86-181.

394 N.W.2d 561 (1986)

STATE of Minnesota, Respondent, v. Fabian Maurice HENDERSON, Appellant.

Court of Appeals of Minnesota.

Review Denied December 17, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Beverly J. Wolfe, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, Public Defender, Lawrence Hammerling, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by PARKER, P.J., and FORSBERG and LESLIE, JJ., with oral argument waived.

OPINION

PARKER, Judge.

Fabian Henderson was charged with and subsequently convicted of two counts of first-degree burglary. One count alleged burglary with a weapon, and the other count alleged burglary of a dwelling with a person present. At sentencing the trial court ruled that the facts and circumstances of this case warranted classification of first-degree burglary as a crime against a person. Because Henderson is presently serving a felony sentence...

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