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STATE v. RUSSELL

Nos. C3-91-22, C7-91-203.

477 N.W.2d 886 (1991)

STATE of Minnesota, Petitioner, Appellant, v. Gerard RUSSELL, Dmitry Deshone Armstead, Michael Odell Johnson, Steve Antonio Morrison, and James Alderson, Respondents.

Supreme Court of Minnesota.

December 13, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Lee W. Barry, Senior Asst. County Atty., Minneapolis, for appellant.

David P. Murrin, Frances B. Moore, Richard A. Trachy, Nancy Yost Laskaris, Renee J. Bergeron, Warren R. Sagstuen, Asst. Public Defenders, and William McGee, Legal Rights Center, Minneapolis, for respondents.

Atty. Gen. and Minnesota County Attys. Ass'n, Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, for amicus curiae.

Heard, considered and decided by the court en banc.

WAHL, Justice.

We are asked, in this pre-trial appeal, to consider the following certified question:

Does Minnesota Statute 152.023, Subd. 2(1) (1989), as it is applied, violate the equal protection clauses of the Fourteenth Amendment of the United States Constitution and the Minnesota Constitution, Article 1, Section 2?

Under Minn.Stat. § 152.023, subd. 2, a person is guilty of a third degree offense if he or she possesses three or more grams...

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