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STATE v. JOHNSON

No. C8-92-1404.

514 N.W.2d 551 (1994)

STATE of Minnesota, Respondent, v. Steven Bruce JOHNSON, Petitioner, Appellant.

Supreme Court of Minnesota.

March 25, 1994.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean S. Grau, Barry L. Hogen, Minneapolis, for appellant.

Thomas J. Simmons, Renville County Atty., Nancy L. Jones Norman, Asst. Renville County Atty., Olivia, for respondent.

George Kuprian, Asst. Wash. County Atty., Stillwater, for amicus curiae, MN County Atty's. Assoc.

John M. Stuart, MN State Public Defender, Charlann Winkin, Asst. Public Defender, Minneapolis, for amicus curiae, MN State Public Defender.

Hubert H. Humphrey, III, Atty. Gen., Robert Stanich, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae, Atty. Gen.

Heard, considered and decided by the Court en banc.

OPINION

WAHL, Justice.

The question raised by this appeal is whether the certification process by which a misdemeanor offense is treated as a petty misdemeanor is a matter of procedural law governed by Rule 23.04, Minnesota Rules of Criminal Procedure, which requires the defendant's consent, or a matter of substantive law governed by Minnesota Statutes, § 609.131, subd. 1 (1992), which requires the approval of the court but not the consent of the defendant...

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