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STATE v. DeGIDIO

No. 47094.

261 N.W.2d 746 (1978)

STATE of Minnesota, Respondent, v. Anthony G. DeGIDIO, Appellant.

Supreme Court of Minnesota.

January 6, 1978.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert Oliphant, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon Bergstrom, Chief, Appellate Division, David W. Larson, Phebe S. Haugen, and Lee W. Barry, Asst. County Attys., Minneapolis, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Defendant was found guilty by a district court jury of a charge of attempted burglary with tools of the Appel Pharmacy in Minneapolis on February 23, 1976, and was sentenced by the trial court to a maximum term of 10 years in prison, Minn.St. 609.58, subd. 2(1)(a), and 609.17. On his appeal from judgment of conviction, defendant contends (1) that the trial court erred in admitting evidence that on September 25, 1973, defendant had burglarized the same...

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