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STATE OF MINNESOTA IN COURT OF APPEALS A08-0012 State of Minnesota, Respondent, vs. Donte Demarco White, Appellant. Filed January 27, 2009 Affirmed Schellhas, Judge Concurring specially, Johnson, Judge Hennepin County District Court File No. 27-CR-06-083190 Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101; and Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, C-2000 Government Center, 300 South Sixth Street, Minneapolis, MN 55487 (for respondent) Eric L. Newmark, Birrell & Newmark, Ltd., 333 South Seventh Street, Suite 3020, Minneapolis, MN 55402 (for appellant) Considered and decided by Schellhas, Presiding Judge; Johnson, Judge; and Crippen, Judge. SYLLABUS Under Minn. Stat.

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