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STATE v. YOURGLIVCH

No. C4-86-1293.

399 N.W.2d 619 (1987)

STATE of Minnesota, Respondent, v. Peter Thomas YOURGLIVCH, Appellant.

Court of Appeals of Minnesota.

Review Denied March 18, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis Co. Atty., Vernon D. Swanum, Asst. Co. Atty., Duluth, for respondent.

C. Paul Jones, Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and PARKER and LESLIE, JJ., with oral argument waived.

MEMORANDUM OPINION

POPOVICH, Chief Judge.

Appellant Peter Yourglivch was convicted of theft, Minn.Stat. §§ 609.52, .05 (1984), for aiding his wife by walking out of a Target store in Duluth with a VCR and video-cassette tapes without paying for them. According to the prosecution witnesses, appellant, his wife Vicky and four-year-old son were shopping on January 17, 1986. They were observed by plainclothes security officer Daniel Peterson at the...

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