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STATE v. SMALLWOOD

No. C3-97-1636.

594 N.W.2d 144 (1999)

STATE of Minnesota, petitioner, Appellant, v. Curtis Marcell SMALLWOOD, Respondent.

Supreme Court of Minnesota.

April 15, 1999.

Attorney(s) appearing for the Case

Michael A. Hatch, Minnesota Attorney General, St. Paul, James C. Backstrom, Dakota County Attorney, Phillip D. Prokopowicz, Statia D. Hendrix, Assistant County Attorneys, Hastings, for appellant.

John M. Stuart, Minnesota State Public Defender, Steven P. Russett, Assistant State Public Defender, Minneapolis, for respondent.

Heard, considered and decided by the court en banc.

OPINION

RUSSELL A. ANDERSON, Justice.

In this case we are confronted with numerous issues surrounding the arrest and trial of respondent, Curtis Marcell Smallwood, who was found guilty by a Dakota County jury of first-degree burglary pursuant to Minn.Stat. § 609.582, subd. 1(a) (1998) and sentenced as a dangerous offender to 240 months (20 years) confinement. Smallwood's conviction was reversed and a new trial ordered by the court of appeals on the...

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