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STATE v. ROGERS

A17-0986.

925 N.W.2d 1 (2019)

STATE of Minnesota, Respondent, v. Deronti ROGERS, Jr., Appellant.

Supreme Court of Minnesota.

Filed: March 20, 2019.

Attorney(s) appearing for the Case

Keith Ellison , Attorney General, Michael Everson , Assistant Attorney General, Saint Paul, Minnesota; and Janelle Kendall , Stearns County Attorney, Saint Cloud, Minnesota, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, John Donovan , Assistant State Public Defender, Saint Paul, Minnesota, for appellant.

Gildea, C.J. Dissenting, Thissen, McKeig, JJ.

OPINION

Minnesota Statutes section 609.582, subdivision 1(b) (2018) elevates burglary to a first-degree offense if "the burglar possesses, when entering or at any time while in the building, ... any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon." This case...

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