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STATE v. GAITAN

No. C8-94-1178.

536 N.W.2d 11 (1995)

STATE of Minnesota, Respondent, v. Israel Ray GAITAN, Jr., Appellant.

Supreme Court of Minnesota.

August 18, 1995.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Minneapolis, and John S. Lind, Sp. Asst. State Public Defender, Duluth, for appellant.

Israel Ray Gaitan, Oak Park Heights, pro se.

Hubert H. Humphrey, III, Atty. Gen., Mary J. Thiesen, Asst. Atty. Gen., St. Paul, and Kathryn M. Keena, Lyon County Atty., Marshall, for respondent.

Heard, considered and decided by the court en banc.

OPINION

KEITH, Chief Justice.

Defendant, Israel Ray Gaitan, Jr., directly appeals his conviction of first-degree felony murder (and included offenses under Minn. Stat. § 609.04 (1994)), for which he is serving a sentence of life in prison. Defendant argues he is entitled to outright reversal of his conviction on the ground the evidence of his participation in the crime was legally insufficient. Alternatively, he seeks a new trial on either or both of...

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