STATE v. MOORE

No. C3-88-1015.

431 N.W.2d 565 (1988)

STATE of Minnesota, Appellant, v. Carl (NMN) MOORE, Respondent.

Court of Appeals of Minnesota.

November 15, 1988.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Thomas L. Johnson, Hennepin County Atty., Vernon E. Bergstrom, Chief, Appellate Section, J. Michael Richardson, Asst. County Atty., Minneapolis, for appellant.

William R. Kennedy, Hennepin County Public Defender, Philip Bush, Asst. County Public Defender, Minneapolis, for respondent.

Heard, considered and decided by RANDALL, P.J., and SHORT and HACHEY, JJ.


OPINION

SHORT, Judge.

Respondent Carl Moore was charged with possessing with an intent to distribute a controlled substance containing three or more grams of cocaine base. Moore moved to have the relevant statute declared unconstitutionally void for vagueness because the statute used the undefined term "cocaine base." The trial court granted respondent's motion and the state appeals. We disagree and reverse the trial court's ruling.

FACTS

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