STATE v. NELSON

No. CX-94-565.

523 N.W.2d 667 (1994)

STATE of Minnesota, Respondent, v. Peter James NELSON, Appellant.

Court of Appeals of Minnesota.

November 8, 1994.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., William F. Klumpp, Jr., Asst. Atty. Gen., St. Paul, Waldemar B. Senyk, Otter Tail County Atty., Fergus Falls, for respondent.

John M. Stuart, Minnesota State Public Defender, Mark F. Anderson, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by DAVIES, P.J., and AMUNDSON, and THOREEN, JJ.


OPINION

THOREEN, Judge.

Appellant Peter James Nelson challenges his conviction for first degree burglary, on the ground that no one was present in the dwelling at the time of his entry. Nelson also argues his waiver of counsel was invalid. We reverse Nelson's first degree burglary conviction and remand for entry of judgment on the second degree burglary conviction alternatively imposed.

FACTS

On June 18, 1993, Perry and Karen Brown returned...

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