State v. Herme

TODD, Justice.

Defendant was found guilty by a district court jury of a charge of felony theft, Minn. Stat. § 609.52, subd. 2(1) (1978), and was sentenced by the trial court to a maximum prison term of five years. On this appeal from judgment of conviction, defendant contends (1) that his conviction should be reversed outright because the prosecutor violated his right to equal protection by discriminating against him in the charging decision, or (2) that he at least should be given a new trial on the ground that an instruction by the trial court on intent was plain error. We affirm.

Defendant’s…