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STATE v. HODGES

No. CX-85-1319.

386 N.W.2d 709 (1986)

STATE of Minnesota, Respondent, v. Donald L. HODGES, petitioner, Appellant.

Supreme Court of Minnesota.

May 9, 1986.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Susan K. Maki, Deputy State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Thomas L. Johnson, Vernon E. Bergstrom, Beverly J. Wolfe, Hennepin Co. Attys., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

We granted the petition of Donald L. Hodges for review for the limited purpose of vacating one of his burglary convictions pursuant to Minn.Stat. § 609.04 (1984).

Hodges and two accomplices burglariously entered a house occupied by two women, one age 94 and one age 83, and a live-in nurse. One of the accomplices raped the nurse. The three men also took property from the women and terrorized them. The 83-year-old woman died during...

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