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STATE v. KOUBA

No. A04-2489.

709 N.W.2d 299 (2006)

STATE of Minnesota, Respondent, v. Gary Wayne KOUBA, Appellant.

Court of Appeals of Minnesota.

February 7, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Kimberly Parker, Assistant Attorney General, St. Paul, MN; and Earl E. Maus, Cass County Attorney, Cass County Courthouse, Walker, MN, for respondent.

John M. Stuart, State Public Defender, Davi E. Axelson, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge, KLAPHAKE, Judge, and CRIPPEN, Judge.

OPINION

KLAPHAKE, Judge.

Appellant argues that his constitutional right to consult with an attorney was violated because he was not advised of his right to counsel in a probation revocation hearing held under Minn.Stat. § 609.14, subd. 2 (2002). After the district court improperly extended appellant's probation, his probation officer conducted a warrantless search of his residence under the terms of his probation and seized evidence that led to his...

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