State v. Johns

¶1John M. Stuart, Minnesota State Public Defender by Bradford Colbert, Assistant State Public Defender, St. Paul, for Appellant.

¶2Hubert H. Humphrey, III, Minnesota Attorney General, St. Paul, James C. Backstrom, Dakota County Attorney by Phillip D. Prokopowicz, Assistant Dakota County Attorney, Hastings, for Respondent.

¶3Heard, considered and decided by the court en banc.

¶4

*181 OPINION

¶5TOMLJANOVICH, Justice.

¶6The defendant, Melvin Johns, is a co-defendant of Wayne Thomas Carter. The facts and legal issues are identical in both cases.

¶7Based on our reasoning in the companion case of State v. Carter, 569 N.W.2d 169, 178-179 (Minn.), the decision of the court of appeals is reversed.

¶8STRINGER, Justice (dissenting).

¶9For the reasons set forth in my dissent in State v. Carter, I respectfully dissent.

¶10KEITH, Chief Justice (dissenting).

¶11I join in the dissent of Justice STRINGER.

¶12BLATZ, Justice (dissenting).

¶13I join in the dissent of Justice STRINGER.