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STATE v. HARVEY

Nos. C2-95-2725, C4-95-2726, C6-95-2727, C1-96-23, C3-96-24, C5-96-25, C9-96-27 and C0-96-28.

547 N.W.2d 706 (1996)

STATE of Minnesota, Respondent (C2-95-2725, C4-95-2726, C6-95-2727, C0-96-28), Appellant (C1-96-23, C3-96-24, C5-96-25, C9-96-27), v. Christopher Edward HARVEY, Appellant (C2-95-2725), Respondent (C1-96-23), Ida Elaine Scherbring, Appellant (C4-95-2726), Respondent (C5-95-25), Katie Lynn Przybylski, Appellant (C6-95-2727), Respondent (C3-96-24), Whitley Shay Thompson, Respondent (C9-96-27), Darrick (NMN) Thompson, Appellant (C0-96-28).

Court of Appeals of Minnesota.

May 14, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, St. Paul, Julius E. Gernes, Winona County Attorney, Nancy L. Buytendorp, Assistant County Attorney, Winona, for State.

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Minneapolis, for Harvey, Scherbring, Przybylski, Thompson, Thompson.

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

OPINION

DAVIES, Judge.

This is a consolidated appeal from five guilty pleas to criminal welfare fraud. The appeals raise issues concerning the proper calculation of restitution. We affirm.

FACTS

Christopher Edward Harvey and Katie Lynn Przybylski

Przybylski and Harvey lived with their child for several months during which Przybylski received AFDC from Winona County. Przybylski misrepresented that Harvey was not living in the home...

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