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STATE v. WILLENBRING

No. C4-89-2037.

454 N.W.2d 268 (1990)

STATE of Minnesota, Plaintiff, v. Timothy Earl WILLENBRING, Defendant.

Court of Appeals of Minnesota.

Review Denied May 30, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Roger S. Van Heel, Stearns County Atty., and Mary A. Yunker, Asst. County Atty., St. Cloud, for plaintiff.

Daniel Eller, 7th Dist. Public Defender and John F. Moosbrugger, Asst. Public Defender, St. Cloud, for defendant.

Considered and decided by FOLEY, P.J., and CRIPPEN, and MULALLY, JJ.

OPINION

FOLEY, Judge.

Defendant Timothy Earl Willenbring moved for dismissal of charges against him on the grounds that the statute under which he is charged, Minn.Stat. § 609.344, subd. 1(d) (1988), as further defined by Minn.Stat. § 609.341, subd. 6 (1988), is unconstitutionally vague and overbroad. The trial court denied the motion and certified to this court as important and doubtful the question of whether the statute is unconstitutionally...

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