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STATE v. GARCIA-GUTIERREZ

No. A12-2012.

844 N.W.2d 519 (2014)

STATE of Minnesota, Appellant, v. Guillermo GARCIA-GUTIERREZ, Armando NMN Araiza, Aidan James Heine Mellgren, Terry Darnell Gilliam, Jr., and Jamie David Pintor-Velo, Respondents.

Supreme Court of Minnesota.

April 2, 2014.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN; and Patrick J. Ciliberto , Scott County Attorney, Todd P. Zettler , Assistant Scott County Attorney, Shakopee, MN, for appellant.

Sharon E. Jacks , Minneapolis, MN, for respondents.

OPINION

GILDEA, Chief Justice.

Respondents were charged with first-degree burglary under Minn.Stat. § 609.582, subd. 1(b) (2012), in connection with the break in of a home in Shakopee. During the burglary, respondents allegedly stole a locked safe that contained a .45-caliber handgun. The district court dismissed the first-degree burglary charges for lack of probable cause, holding that a person commits first-degree burglary under section 609.582, subdivision...

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