State v. Ostrem

OPINION

PARKER, Judge.

This is an appeal from a jury conviction for aiding and abetting burglary in the second degree and aiding and abetting theft in violation of Minn.Stat. §§ 609.582, subd. 2(a) (burglary), and 609.52, subd. 2(1) (1992) (theft). Appellant argues that: 1) the trial court’s instructions on aiding and abetting after dismissing the original charges of second degree theft and burglary were error; 2) the photo line-up was so impermissibly suggestive as to violate due process; and 8) there was insufficient evidence to prove guilt. We reverse.

FACTS

In the morning of November 2, 1992,…