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STATE v. TRAVICA

No. CX-86-634.

398 N.W.2d 666 (1987)

STATE of Minnesota, Respondent, v. Marco TRAVICA, Appellant.

Court of Appeals of Minnesota.

January 6, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Robert A. Stanich, Sp. Asst. Atty. Gen., St. Paul, John P. Dimich, Itasca Co. Atty., Grand Rapids, for respondent.

C. Paul Jones, State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

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

OPINION

LESLIE, Judge.

Marco Travica appeals from his convictions of second degree burglary with a tool, attempted second degree burglary with a tool and possession of burglary tools. He claims his conviction of possession of burglary tools is barred by Minn.Stat. § 609.04 (1986) and contends there was insufficient evidence to support the verdict.

FACTS

About 3:30 a.m. on August 3, 1985, Timothy and Charlotte Garvey saw two men standing...

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