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STATE v. DIMMICK

No. C3-97-1698.

586 N.W.2d 127 (1998)

STATE of Minnesota, Respondent, v. Michael J. DIMMICK, Appellant.

Supreme Court of Minnesota.

October 22, 1998.

Attorney(s) appearing for the Case

John M. Stuart, Minn. Public Defender, Susan J. Andrews, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., St. Paul, Raymond F. Schmitz, Olmsted County Atty., James S. Martinson, Sr. Asst. County Atty., Rochester, for respondent.

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

OPINION

PAGE, Justice.

An Olmsted County jury convicted Michael J. Dimmick of one count of premeditated first-degree murder and one count of first-degree felony murder for the killing of Mary Ann Tigner. In this appeal, Dimmick seeks a new trial based on his claim that the trial court committed reversible error when it refused to instruct the jury on the lesser-included offense of second-degree felony murder. Because we conclude the trial court did not abuse...

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