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BARNES v. STATE

No. CX-91-2401.

489 N.W.2d 273 (1992)

Russell Marquee BARNES, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied November 3, 1992.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lawrence W. Pry, Asst. State Public Defender, St. Paul, for petitioner, appellant.

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey County Atty., Darrell C. Hill, Asst. Ramsey County Atty., St. Paul, for respondent.

Considered and decided by DAVIES, P.J., and LANSING and NORTON, JJ.

OPINION

DAVIES, Judge.

This appeal is from an order denying a postconviction petition seeking the withdrawal of appellant Barnes' plea of guilty to aggravated robbery. We reverse and remand.

FACTS

Appellant Russell Barnes was charged with first degree burglary, aggravated robbery, and four counts of second degree assault. Barnes pleaded not guilty and the case went to trial.

On the second day of jury deliberations, one of the jurors...

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