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STATE v. TORRES

No. C5-00-1603.

632 N.W.2d 609 (2001)

STATE of Minnesota, Respondent, v. Rusttee A. TORRES, Appellant.

Supreme Court of Minnesota.

August 16, 2001.

Attorney(s) appearing for the Case

Ann McCaughan, Asst. State Public Defender, for appellant.

Michael Hatch, Attorney General, Peter R. Marker, Asst. Attorney General, G. Paul Beaumaster, Rice County Attorney, for respondent.

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

OPINION

LANCASTER, Justice.

On June 15, 2000, a Rice County jury found appellant Rusttee Torres guilty of both murder in the first degree in the course of a burglary, in violation of Minn.Stat. § 609.185(3) (2000), and murder in the second degree, in violation of Minn.Stat. § 609.19, subd. 1(1) (2000), for his role in the death of Jesse Springer in Faribault, Minnesota, in the early morning hours of May 9, 1999. The jury found him not guilty of...

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