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STATE v. BLUHM

No. CX-89-1426.

460 N.W.2d 22 (1990)

STATE of Minnesota, Petitioner, Appellant, v. Dennis H. BLUHM, Respondent.

Supreme Court of Minnesota.

August 31, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Louise T. Donne, Sp. Asst. Atty. Gen., St. Paul, and Paul G. Morreim, Freeborn County Atty., Albert Lea, for appellant.

Deborah Ellis, Thomson & Ellis, Ltd., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

COYNE, Justice.

The court of appeals in its decision in this case vacated the conviction of defendant, Dennis Bluhm, of sale of 10 grams or more of cocaine and the court remanded for sentencing on the less serious offense of sale of less than 10 grams of cocaine. 457 N.W.2d 256. We agree that defendant's conviction must be vacated but, because our analysis differs from that of the court of appeals, we conclude that the appropriate...

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