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JOHNSON v. STATE

No. C2-92-295.

486 N.W.2d 825 (1992)

Darrell A. JOHNSON, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

Review Denied August 27, 1992.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Melissa Sheridan, Asst. State Public Defender, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Linda K. Jenny, Asst. County Atty., Minneapolis, for respondent.

Considered and decided by SCHUMACHER, P.J., and CRIPPEN and SHORT, JJ.

OPINION

SHORT, Judge.

Darrell A. Johnson was convicted of possession of theft tools in violation of Minn. Stat. § 609.59 (1990). On appeal, he argues the trial court (1) erred when it failed to honor his request for removal and (2) abused its discretion by denying a new trial based on newly discovered evidence. We disagree and affirm.

FACTS

Minneapolis police officers noticed a car parked under a freeway bridge. When the officers approached...

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