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STATE v. NEWMAN

No. C6-95-427.

538 N.W.2d 476 (1995)

STATE of Minnesota, Respondent, v. Dylan Arber NEWMAN, Appellant.

Court of Appeals of Minnesota.

Review Denied November 30, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Attorney General, Robert A. Stanich, Assistant Attorney General, St. Paul, Alan L. Mitchell, St. Louis County Attorney, Duluth, MN, for respondent State of Minnesota.

John M. Stuart, Minnesota State Public Defender, Michael A. Herold, Special Assistant State Public Defender, Minneapolis, MN, for appellant Dylan Arber Newman.

Considered and decided by RANDALL, P.J., and DAVIES and HOLTAN, JJ.

OPINION

HARVEY A. HOLTAN, Judge.

Appellant challenges his conviction of a felony drive-by shooting, arguing that the BB gun he shot at another vehicle is not a firearm within the meaning of Minn.Stat. § 609.66, subd. 1e(a) (Supp.1993). We affirm.

FACTS

Appellant Dylan Arber Newman was charged with violating the drive-by shooting statute after admitting he shot his BB gun at a Ford on the highway. The driver of the Ford immediately...

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