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STATE v. COLEMAN

No. C9-84-832.

356 N.W.2d 752 (1984)

STATE of Minnesota, Respondent, v. Kym A. COLEMAN, Appellant.

Court of Appeals of Minnesota.

Review Granted January 11, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, Atty. Gen., Thomas Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Minneapolis, for respondent.

C. Paul Jones, State Public Defender, Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

Appellant Kym Coleman appeals his aggravated robbery conviction. He contends the trial court erred in refusing to give theft instructions to coincide with his theory that he only committed theft. He also questions the use of Spreigl evidence and claims the prosecutor committed prosecutorial misconduct in closing argument. We reverse and remand for a new trial.

FACTS

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