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STATE v. RODRIGUEZ

No. C4-92-1903.

505 N.W.2d 373 (1993)

STATE of Minnesota, Respondent, v. Mario RODRIGUEZ, Appellant.

Court of Appeals of Minnesota.

Review Denied October 19, 1993.

Attorney(s) appearing for the Case

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

Mark D. Nyvold, Sp. Asst. Public Defender, St. Paul, for appellant.

Considered and decided by PETERSON, P.J., and RANDALL and NORTON, JJ.

OPINION

PETERSON, Judge.

Appellant challenges the judgment of conviction and sentence for second degree felony murder and kidnapping under Minn.Stat. §§ 609.19(2), 609.25, subd. 1(2) (1990). We affirm as modified.

FACTS

Appellant Mario Rodriguez was charged with felony murder in the death of 88-year-old Estelle Flaherty on March 29, 1992. The complaint alleged that Rodriguez and an accomplice, Roberto Castillo, stole the car in...

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