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STATE v. GALLUS

No. C8-91-1912.

481 N.W.2d 116 (1992)

STATE of Minnesota, Appellant, v. Shawn Michael GALLUS, Jeffrey Karl Eiffert, Respondents.

Court of Appeals of Minnesota.

Review Denied March 26, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Roger S. Van Heel, Stearns County Atty., Mary Yunker, Asst. County Atty., St. Cloud, for appellant.

John M. Stuart, State Public Defender, Scott G. Swanson, Asst. Public Defender, Minneapolis, for respondent Shawn Michael Gallus.

Scott G. Swanson, Asst. Public Defender, for respondent Jeffrey Karl Eiffert.

Considered and decided by CRIPPEN, P.J., and PARKER and STONE, JJ.

OPINION

PARKER, Judge.

Respondents Shawn Gallus and Jeffrey Eiffert were charged with selling marijuana in violation of Minn.Stat. § 152.025, subd. 1(1) (1990). The trial court held an omnibus hearing to determine whether the state had evidence showing that respondents possessed more than the statutory minimum amount of marijuana when they were charged. The trial court concluded that Minn.Stat. § 152.025, subd. 1(1), is violated only when a defendant...

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