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STATE v. PERO

No. C0-98-681.

590 N.W.2d 319 (1999)

STATE of Minnesota, Respondent, v. Michael Elwin PERO, Appellant.

Supreme Court of Minnesota.

March 11, 1999.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Minneapolis, for appellant.

Alan Mitchell, St. Louis County Attorney, Gary W. Bjorklund, Assistant St. Louis County Attorney, Duluth, for Respondent State of Minnesota.

M. Hatch, Minnesota State Attorney General, Mark B. Levinger, Assistant Attorney General, St. Paul, for Respondent Terry C. Hallenbeck.

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

OPINION

BLATZ, Chief Justice

Appellant, Michael Elwin Pero, was initially charged by complaint with two counts of second-degree murder (causing death while committing kidnapping or false imprisonment) and one count of attempted first-degree sexual conduct (causing injury and using force or violence to accomplish sexual penetration). The charges arose out of appellant's criminal behavior beginning September 26, 1996, when appellant admittedly kidnapped, imprisoned...

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