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STATE v. SMITH

No. CX-97-256.

582 N.W.2d 894 (1998)

STATE of Minnesota, Respondent, v. Robert Allen SMITH, petitioner, Appellant.

Supreme Court of Minnesota.

August 6, 1998.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Bradford S. Delapena, Assistant State Public Defender, Minneapolis, for Appellant.

Hubert H. Humphrey III, Attorney General, Robert A. Stanich, Assistant Attorney General, St. Paul, Charles E. MacLean, Winona County Attorney, Winona, for Respondent.

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

OPINION

BLATZ, Chief Justice.

Robert Allen Smith appeals from his conviction on one count of controlled substance crime in the first degree. While deliberating, Smith's jury asked the trial court for a transcript of the testimony of a paid informant, Mark Lee, who testified against Smith. The trial court denied this request. The Minnesota Court of Appeals affirmed on the ground that Smith waived the issue by failing...

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