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STATE OF MINNESOTA IN SUPREME COURT A06-1848 Court of Appeals Magnuson, C.J. Concurring, Anderson, Paul H., and Meyer, JJ. Concurring, Meyer, Page, and Anderson, Paul H., JJ. Took no part, Dietzen, J.

State of Minnesota, Respondent, vs. Jeffrey Brian Alphonse Stein, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, David C. Brown, Assistant Hennepin County Attorney, Minneapolis, Minnesota, for respondent. Shane C. Perry, Minneapolis, Minnesota, for appellant. ________________________ Filed: January 7, 2010 Office of Appellate Courts

SYLLABUS The evidence was sufficient to establish that the defendant was guilty of the charged offense. Affirmed.

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OPINION MAGNUSON, Chief Justice. In the early morning hours of June 2, 2005, a young white man entered three homes in Mound, Minnesota. In each home, the burglar choked a female victim in her bed before running away. Police arrested appellant Jeffrey Brian Alphonse Stein later that day. Appellant was charged with three counts of first-degree burglary, Minn. Stat.

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