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STATE v. BARTYLLA

No. A07-1166.

755 N.W.2d 8 (2008)

STATE of Minnesota, Respondent, v. Nicholas E. BARTYLLA, Appellant.

Supreme Court of Minnesota.

August 21, 2008.

Attorney(s) appearing for the Case

Lawrence Hammerling, Chief Appellate Public Defender, Benjamin J. Butler, Assistant State Public Defender, St. Paul, MN, for Appellant.

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, MN, for Respondent.

OPINION

PAGE, Justice.

Appellant Nicholas E. Bartylla was convicted of murder in the first degree while committing criminal sexual conduct in violation of Minn.Stat. § 609.185(a)(2) (2006), and was sentenced to life imprisonment for the November 9, 2002, murder of May Mary Pelto. At Bartylla's trial, the State presented evidence indicating that the profile of DNA left at the Pelto crime scene was a "cold hit" match to the profile of Bartylla's DNA,...

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