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BERKOW v. STATE

No. C3-97-258.

583 N.W.2d 562 (1998)

Gary Elchanon BERKOW, petitioner, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 6, 1998.

Attorney(s) appearing for the Case

Birrell, Dunlap & Ritts, LTD, Eric L. Newmark, Minneapolis, for Appellant.

Rolf A. Sponheim, Assistant Minnetonka City Attorney, Minnetonka, Hubert H. Humphrey, III, Attorney General, State of Minnesota, St. Paul, for respondent.

Karen Ellingson, Executive Director, Maria Baldini-Potermin, St. Paul, amicus curiae for Immigrant Law Center of Minnesota.

John M. Stuart, Minnesota State Public Defender, Cathryn Middlebrook, Assistant State Public Defender, Minneapolis, amicus curiae for State Public Defender.

Considered and decided by the court en banc without oral argument.

OPINION

PAGE, Justice.

Appellant Gary Elchanon Berkow is a 25-year-old permanent resident of the United States who, at the age of 12, emigrated from South Africa with his family. On September 13, 1991, Berkow was charged with one count of theft by swindle and one count of receiving stolen property stemming from his theft of 51 packs of cigarettes from a convenience store. On March 2, 1992, Berkow, represented by counsel, pled guilty to the charge of theft...

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