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STATE v. DAHLIN

No. A03-1454.

695 N.W.2d 588 (2005)

STATE of Minnesota, Respondent, v. Michael James DAHLIN, Appellant.

Supreme Court of Minnesota.

May 12, 2005.

Attorney(s) appearing for the Case

Leslie J. Rosenberg, Assistant State Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Minnesota State Attorney General, St. Paul, MN, Amy Klobuchar, Hennepin County Attorney, Donna Wolfson, Assistant County Attorney, Minneapolis, MN, for Respondent.

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

OPINION

BLATZ, Chief Justice.

Following a jury trial, appellant Michael James Dahlin was convicted of aiding and abetting the first-degree premeditated murder of Dustin Jirasek under Minn.Stat. §§ 609.185(a)(1), 609.05 (2004). Prior to the sentencing hearing, Dahlin filed a motion to vacate his conviction pursuant to Minn. R.Crim. P. 26.04 on the basis that the trial court erred in instructing the jury only on first-degree premeditated murder despite...

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