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STATE v. STEMPF

No. C4-00-1544.

627 N.W.2d 352 (2001)

STATE of Minnesota, Respondent, v. Jack Leroy STEMPF, Appellant.

Court of Appeals of Minnesota.

May 29, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Janelle P. Kendall, Mille Lacs County Attorney, Matthew M. Quinn, Assistant County Attorney, Milaca, for respondent.

Mark D. Kelly, St. Paul, for appellant.

Considered and decided by HANSON, Presiding Judge, CRIPPEN, and HARTEN, Judges.

OPINION

CRIPPEN, Judge

A jury found appellant Jack Stempf guilty of one count of controlled-substance crime in the fifth degree for possession of a substance containing methamphetamine. The state charged him with only one count of possession but introduced evidence of two acts to support the conviction. Appellant contends that the trial court's refusal to give a specific unanimity instruction, requiring the jurors to agree that the same underlying criminal...

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