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STATE v. ROBINSON

No. C4-93-115.

517 N.W.2d 336 (1994)

STATE of Minnesota, Respondent, v. Willie Earl ROBINSON, Petitioner, Appellant.

Supreme Court of Minnesota.

June 10, 1994.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Linda K. Jenny, Asst. Hennepin County Atty., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

SIMONETT, Justice.

We reverse defendant's conviction for selling 10 grams or more of a cocaine mixture because the proof fails to establish beyond a reasonable doubt that the total weight of the mixture was 10 grams or more. We remand for resentencing for a second degree offense of selling a mixture of a lesser weight (3 grams or more); and we affirm the trial court's instruction on constructive possession.

The morning of January 20, 1992...

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