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STATE v. PETERSON

No. C4-95-684.

535 N.W.2d 689 (1995)

STATE of Minnesota, Respondent, v. Dale Owen PETERSON, Appellant.

Court of Appeals of Minnesota.

Review Denied October 10, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Catherine M. Keane, Asst. Atty. Gen., St. Paul, David M. Gilbertson, Chippewa County Atty., Nancy Jones Norman, Asst. County Atty., Montevideo, for respondent.

Randall D.B. Tigue, Minneapolis, for appellant.

Considered by LANSING, P.J., and DAVIES and HARTEN, JJ.

OPINION

LANSING, Judge.

The owner-operator of a nude-dancing establishment moved to dismiss a charge of violating Minn.Stat. § 617.246, subd. 2, on the ground that the statute is facially unconstitutional in light of United States v. X-Citement Video. The district court denied the motion and certified the constitutional question to this court as important and doubtful. Affirmed and certified question answered in the negative.

FACTS<...

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