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STATE v. TRAXLER

No. C8-96-2433.

583 N.W.2d 556 (1998)

STATE of Minnesota, petitioner, Appellant, v. Dwight Thomas TRAXLER, Respondent.

Supreme Court of Minnesota.

August 6, 1998.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul, Thomas J. Harbinson, Scott County Attorney, Susan K. McNellis, Assistant County Attorney, Conrad Skonieczny, Assistant County Attorney, Shakopee, for appellant.

John M. Stuart, State Public Defender, Bradford S. Delapena, Assistant State Public Defender, Minneapolis, for respondent.

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

OPINION

PAUL H. ANDERSON, Justice.

Following a jury trial in Scott County District Court, respondent Dwight Thomas Traxler was convicted of first-degree and a lesser-included fifth-degree controlled substance sale offense in violation of Minn.Stat. §§ 152.021, subd. 1(3) (1996) for the sale of methamphetamine and 152.025, subd. 2(1) (1996) for the possession of methamphetamine. The first-degree controlled substance statute makes it a crime to sell...

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