STATE v. CARTER

No. CX-95-1368.

545 N.W.2d 695 (1996)

STATE of Minnesota, Respondent, v. Wayne Thomas CARTER, Appellant.

Court of Appeals of Minnesota.

April 9, 1996.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, St. Paul, James C. Backstrom, Dakota County Attorney, Phillip D. Prokopowicz, Assistant County Attorney, Hastings, for Respondent.

John M. Stuart, State Public Defender, Scott G. Swanson, Assistant State Public Defender, Minneapolis, for Appellant.

Considered and decided by PARKER, P.J., and SCHUMACHER and DAVIES, JJ.


OPINION

DAVIES, Judge.

Appellant Wayne Thomas Carter, who was arrested after a visual search through an apartment window, challenges the legality of the search. He also challenges imposition of the presumptive sentence. We affirm.

FACTS

On May 15, 1994, a citizen told Police Officer Jim Thielen (officer) that there was drug activity in a nearby apartment. This informant told the officer that, while walking past a garden-level apartment...

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