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STATE v. BYERS

No. C4-96-212.

554 N.W.2d 744 (1996)

STATE of Minnesota, Respondent, v. Samuel Lee BYERS, Appellant.

Court of Appeals of Minnesota.

Review Granted December 17, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, St. Paul, for respondent.

Michael O. Freeman, Hennepin County Attorney, Paul R. Scoggin, Assistant County Attorney, Minneapolis, for respondent.

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

Considered and decided by CRIPPEN, P.J., and PARKER and SHORT, JJ.

OPINION

PARKER, Judge.

Appellant Samuel Lee Byers challenges his conviction for second-degree felony murder in violation of Minn.Stat. §§ 609.19(2), 609.11, and 609.05. Roy Griffin, the victim, was shot in the head during a robbery. Dywon Tatum and Byers, both members of the "Rolling 60s Crips" gang, were tried separately. Tatum testified at his own trial and implicated Byers and other Crips in...

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