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STATE v. WAINO

No. CX-99-1315.

611 N.W.2d 575 (2000)

STATE of Minnesota, Respondent, v. Michael Bruce WAINO, Appellant.

Court of Appeals of Minnesota.

June 20, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Robert A. Stanich, Assistant Attorney General, Aaron E. Woodward, Certified Student Attorney, St. Paul, and Alan L. Mitchell, St. Louis County Attorney, Duluth, for respondent.

Barry V. Voss, Voss & Hickman, P.A., Minneapolis, for appellant.

Considered and decided by G. BARRY ANDERSON, Presiding Judge, RANDALL, Judge, and SCHUMACHER, Judge.

OPINION

SCHUMACHER, Judge.

Appellant Michael Bruce Waino challenges his conviction of third-degree assault, arguing insufficiency of the evidence and that the trial court erred in admitting evidence of similar prior conduct. We affirm.

FACTS

The state charged Waino with third-degree assault in violation of Minn.Stat. § 609.223, subd. 1 (1998), for a September 2, 1998 domestic assault of H.L. At trial the state sought to offer testimony...

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