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STATE v. COLVIN

No. C4-00-1365.

645 N.W.2d 449 (2002)

STATE of Minnesota, Respondent, v. Peter Allen COLVIN, Petitioner, Appellant.

Supreme Court of Minnesota.

June 13, 2002.

Attorney(s) appearing for the Case

Lawrence Hammerling, Deputy State Public Defender, Davi Axelson, Asst. State Public Defender, Minneapolis for appellant.

Mike Hatch, Attorney General, Robert A. Stanich, Asst. Attorney General, St. Paul, Raymond F. Schmitz, Olmsted County Attorney, Rochester, for respondent.

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

OPINION

LANCASTER, Justice.

This appeal presents the question of whether a criminal defendant's violation of an order for protection (OFP) is sufficient to establish first-degree burglary, absent the commission of or intent to commit a crime other than a violation of the order for protection.

Peter Allen Colvin (Colvin) was charged by complaint with one count of first-degree burglary. The charge arose from Colvin's February 25, 1999, illegal entry...

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