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STATE v. HOLMES

No. A09-1428.

787 N.W.2d 617 (2010)

STATE of Minnesota, Respondent, v. Todd Peter HOLMES, Appellant.

Court of Appeals of Minnesota.

August 17, 2010.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, James B. Early , Assistant Attorney General, St. Paul, MN; and Daniel L. Geller , Red Lake County Attorney, Red Lake Falls, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Rachel F. Bond , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by STAUBER, Presiding Judge; LANSING, Judge; and PETERSON, Judge.

OPINION

LANSING, Judge.

Todd Holmes appeals his conviction of theft by nonpayment for improvements under Minn.Stat. § 514.02, subd. 1(b) (2006). In reaching their verdict, the jury relied on the district court's instruction that the statute prohibits receiving a payment for improvement of real estate and failing to use the proceeds for that improvement. Because the state did not produce evidence to show that Holmes violated the criminal prohibition...

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