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STATE v. MIMBACH

No. C6-87-799.

420 N.W.2d 252 (1988)

STATE of Minnesota, Respondent, v. Mark MIMBACH, Appellant.

Court of Appeals of Minnesota.

Review Denied March 30, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Mary J. Theisen, Sp. Asst. Atty. Gen., St. Paul, Richard Jessen, Benton Co. Atty., Foley, for respondent.

Michael M. Murphy, Jr., St. Cloud, for appellant.

Heard, considered and decided by FOLEY, P.J., and SCHUMACHER and STONE, JJ.

OPINION

SCHUMACHER, Judge.

This appeal is from a conviction for forgery, Minn.Stat. § 609.63, subd. 1(5)(1984)(false entry falsifying a business document). Appellant Mark Mimbach was acquitted of attempted theft by false representation, Minn.Stat. § 609.52, subd. 2(3), and the trial court set aside his conviction for attempted theft by swindle, Minn.Stat. § 609.52, subd. 2(4). We reverse the forgery conviction.

FACTS

Appellant...

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