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STATE v. KIMINSKI

No. C1-91-715.

474 N.W.2d 385 (1991)

STATE of Minnesota, Appellant, v. Daniel Thomas KIMINSKI, Respondent.

Court of Appeals of Minnesota.

Review Denied October 11, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Kevin P. Staunton, Spec. Asst. Atty. Gen., St. Paul, Marvin Ketola, Carlton County Atty., Leslie E. Beiers, Asst. County Atty., Carlton, appellant.

John M. Stuart, State Public Defender, Lawrence Hammerling, Asst. Public Defender, Cathryn Middlebrook, Asst. Public Defender, Minneapolis, respondent.

Considered and decided by RANDALL, P.J., and HUSPENI and THOREEN, JJ.

RANDALL, Judge.

The State of Minnesota appeals from the trial court's pretrial dismissal of two counts of state lottery fraud brought against respondent Daniel T. Kiminski. Respondent allegedly stole "instant win" lottery tickets and redeemed the winning tickets for approximately $69. Appellant contends the trial court erred when it construed Minn.Stat. § 609.651, subd. 1(4) (1990) as being inapplicable to the knowing redemption of stolen lottery tickets. We...

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