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STATE v. ANDERSON

No. C1-01-930.

657 N.W.2d 846 (2002)

STATE of Minnesota, Respondent, v. James Edward ANDERSON, Appellant.

Court of Appeals of Minnesota.

March 19, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, Amy Klobuchar, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, for respondent.

John M. Stuart, State Public Defender, Susan K. Maki, Assistant Public Defender, Minneapolis, for appellant.

Considered and decided by LANSING, Presiding Judge, RANDALL, Judge, and KLAPHAKE, Judge.

OPINION

R.A. RANDALL, Judge.

Appellant challenges his conviction for second-degree burglary, arguing that the show-up identification procedure was unnecessarily suggestive because at trial the officer who conducted the procedure testified that he told the eyewitness appellant matched the witnesses' earlier description of the suspect. This testimony contradicted the officer's pretrial-hearing testimony. We reverse...

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