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STATE OF MINNESOTA IN COURT OF APPEALS A06-2235 State of Minnesota, Respondent, vs. Vincent Lanarde Smith, Appellant. Filed May 13, 2008 Reversed and remanded Shumaker, Judge Ramsey County District Court File No. K6-05-3472

Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134, and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, Suite 315, 50 West Kellogg Blvd., St. Paul, MN 55102 (for respondent) Lawrence Hammerling, Chief Appellate Public Defender, Bridget Kearns Sabo, Assistant Public Defender, 540 Fairview Avenue North, Suite 300, St. Paul, MN 55104; and Charles F. Clippert, Special Assistant State Public Defender, 525 Lumber Exchange Building, 10 South Fifth Street, Minneapolis, MN 55402 (for appellant)

Considered and decided by Willis, Presiding Judge; Shumaker, Judge; and Poritsky, Judge. *

*

Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI,

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