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STATE v. BYERS

No. C4-96-212.

570 N.W.2d 487 (1997)

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

Supreme Court of Minnesota.

November 20, 1997.

Attorney(s) appearing for the Case

John M. Stuart, Minn. State Public Defender, Bruce L. McLellan, Sp. Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Paul R. Scoggin, Asst. County Atty., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

Appellant Samuel Lee Byers ("Byers") was indicted for first-degree murder by a Hennepin County Grand Jury for the shooting death of Roy Griffin, Sr. ("Griffin"). After a jury trial, Byers was acquitted of first-degree murder, but was convicted of second-degree felony murder in violation of Minn. Stat. §§ 609.19(2), 609.11, and 609.05 (1996) and sentenced to 240 months in prison. Byers appealed, and the court of appeals affirmed...

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