State v. Mimbach

OPINION

SCHUMACHER, Judge.

This appeal is from a conviction for forgery, Minn.Stat. § 609.63, subd. l(5)(1984)(false entry falsifying a business document). Appellant Mark Mimbach was acquitted of attempted theft by false representation, Minn.Stat. § 609.52, subd. 2(3), and the trial court set aside his conviction for attempted theft by swindle, Minn.Stat. § 609.52, subd. 2(4). We reverse the forgery conviction.

FACTS

Appellant Mark Mimbach’s Ace Hardware store was burglarized on April 12, 1984. Sauk Rapids police discovered the rear door of the store was open at 3:00 a.m. Mimbach was called to…