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STATE v. WASHINGTON

No. C5-00-1696.

632 N.W.2d 758 (2001)

STATE of Minnesota, City of Minneapolis, Respondent, v. Tyree Duane WASHINGTON, Appellant.

Court of Appeals of Minnesota.

August 14, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Jay M. Heffern, Minneapolis City Attorney, Lois Regnier Conroy, Assistant City Attorney, Minneapolis, MN, for respondent.

Leonardo Castro, Fourth District Public Defender, Peter W. Gorman, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge, STONEBURNER, Judge, and LINDBERG Judge.

OPINION

TOUSSAINT, Chief Judge

Appellant Tyree Washington contends that the trial court's failure to dismiss the alternate juror entitles him to a new trial. Because the presence of the alternate juror in the jury deliberations prejudiced appellant and was not authorized by law, we reverse and remand for a new trial.

FACTS

In May 2000, respondent State of Minnesota charged appellant with five misdemeanor counts of criminal conduct. The...

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