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STATE v. CLOW

No. C5-98-1731.

600 N.W.2d 724 (1999)

STATE of Minnesota, Respondent, v. Frank Wayne CLOW, Appellant.

Court of Appeals of Minnesota.

Review Denied October 21, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and Joseph A. Evans, Becker County Attorney, Michael D. Fritz, Assistant County Attorney, Detroit Lakes, for respondent.

Lawrence W. Pry, Assistant State Public Defender, Minneapolis, for appellant.

Considered and decided by TOUSSAINT, Chief Judge, KALITOWKSI, Judge, and SHORT, Judge.

OPINION

KALITOWSKI, Judge

Appellant Frank Clow challenges his escape from custody conviction under Minn.Stat. § 609.485, subd. 2(1) (1998). Clow argues that as a matter of law the evidence is insufficient to sustain his conviction because the state failed to meet its burden of proving he was held in lawful custody on a charge or conviction of a crime.

FACTS

On November 20, 1997, at approximately...

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