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STATE v. BOOKER

No. A08-0420.

770 N.W.2d 161 (2009)

STATE of Minnesota, Respondent, v. Terrell D. BOOKER, Appellant.

Court of Appeals of Minnesota.

July 28, 2009.

Attorney(s) appearing for the Case

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

Lawrence Hammerling, Chief Appellate Public Defender, Lydia Villalva Lijó, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by PETERSON, Presiding Judge; CONNOLLY, Judge; and JOHNSON, Judge.

OPINION

JOHNSON, Judge.

A Hennepin County jury found Terrell D. Booker guilty of first-degree aggravated robbery based on evidence that he and another man robbed a taxicab driver at gunpoint. On appeal, Booker argues that he was denied his right to be present when the district court determined whether his accomplice had a Fifth Amendment privilege to refuse to testify in Booker's trial. We conclude that Booker's presence was not required by Minn. R.Crim...

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