STATE v. SATER

No. C6-98-1463.

588 N.W.2d 512 (1998)

STATE of Minnesota, Plaintiff, v. Kellie Ruth SATER, Defendant.

Court of Appeals of Minnesota.

Review Denied February 18, 1999.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, Thomas R. Ragatz, Assistant Attorney General, St. Paul, MN (for plaintiff).

John J. Muhar, Itasca County Attorney, Grand Rapids, MN (for plaintiff).

Richard P. Holmstrom, Duluth, MN (for defendant).

Considered and decided by KLAPHAKE, Presiding Judge, DAVIES, Judge, and AMUNDSON, Judge.


OPINION

DAVIES, Judge.

The trial court certified the following question: Does Minn.Stat. §§ 609.035 or 609.04 bar retrial when a jury reaches a verdict of not guilty of first-degree murder, but cannot reach a verdict on three other charged offenses that arose from the same behavioral incident? We answer this certified question in the negative.

FACTS

Defendant Kellie Ruth Sater was tried for (1) first-degree murder, (2) second...

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