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STATE v. TIBIATOWSKI

No. C2-97-834.

590 N.W.2d 305 (1999)

STATE of Minnesota, petitioner, Appellant, v. Jeremy Daniel TIBIATOWSKI, Respondent.

Supreme Court of Minnesota.

March 4, 1999.

Attorney(s) appearing for the Case

Michael Hatch, Minnesota Attorney General, James B. Early, Assistant Attorney General, St. Paul, Todd Webb, Clay County Attorney, Moorhead, for appellant.

John M. Stuart, State Public Defender, Sharon Jacks, Assistant State Public Defender, Minneapolis, for respondent.

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

OPINION

STRINGER, J.

On January 31, 1996 two men entered the Travel Mart convenience store in Moorhead, Minnesota. One of the men carried a shotgun and pumped the stock of the gun as if chambering a round of ammunition. As he did so he told the employee on duty to "give me the money," The employee took all the cash from the register and gave it to the other man. The men fled with about $500 in cash, some checks and some cigarettes. None of the eyewitnesses...

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