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JOHANSON v. STATE

No. C2-86-2099.

404 N.W.2d 362 (1987)

Richard Donald JOHANSON, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

April 21, 1987.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Ann Remington, Asst. Public Defender, University of Minnesota, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey Co. Atty., Steven C. DeCoster, Asst. Co. Atty., St. Paul, for respondent.

Considered and decided by CRIPPEN, P.J., and LESLIE and STONE, JJ.

MEMORANDUM OPINION

CRIPPEN, Judge.

Appellant contends the trial court erroneously instructed the jury on the duty to retreat related to the legal excuse of self-defense. Appellant acknowledges that the instructions followed the law which existed in 1979, when he was tried, but he claims the duty to retreat was not part of the law in 1978, when the offense occurred. We disagree and affirm the conviction.

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