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STATE v. McKINLEY

No. C3-88-1077.

424 N.W.2d 586 (1988)

STATE of Minnesota, Respondent, v. Jack Bogardus McKINLEY, Appellant.

Court of Appeals of Minnesota.

June 21, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael Q. Lynch, Kandiyohi Co. Atty., Willmar, for respondent.

John E. Mack, New London, for appellant.

Considered at Special Term and decided by WOZNIAK, C.J., and PARKER and FORSBERG, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge

FACTS

Appellant McKinley was found guilty by a jury of receiving and concealing stolen property. He has filed a notice of appeal and a motion for release pending appeal.

DECISION

A motion for release pending appeal must first be presented to the trial court. Minn.R.Crim.P. 28.02, subd. 7(3). McKinley's motion does not show he has made a motion for release in the trial court.

The...

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