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705 N.W.2d 398

State v. Barker

Supreme Court of Minnesota

Decided September 29, 2005

Supreme Court of Minnesota · decided 2005-09-29

Applies MN 152 § 152.025 · MN 609 § 609.11

Decided 2005-09-29

¶1 ORDER

¶2 Based upon all the files, records and proceedings herein,

¶3 IT IS HEREBY ORDERED that the sentence of 36 months in prison for fifth-degree possession of a controlled substance while possessing a firearm in violation of Minn.Stat. § 152.025, subd. 2(1), 3(a) (2002) and Minn.Stat. § 609.11, subd. 5 (2002) be, and the same is, vacated and the case is remanded to the district court for imposition of the presumptive sentence for violation of section 152.025, subd. 2(1) and 3(a). A written opinion will follow.

¶4 IT IS FURTHER ORDERED that the Clerk of Appellate Courts shall immediately enter judgment.

¶5 BY THE COURT:

Sam Hanson Associate Justice
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