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BARRAGAN v. STATE

No. C5-97-326.

583 N.W.2d 571 (1998)

Florencio Mendoza BARRAGAN, Respondent, v. STATE of Minnesota, pet., Appellant.

Supreme Court of Minnesota.

August 6, 1998.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Attorney General, James B. Early, Assistant Attorney General, St. Paul, David J. Hauser, Ottertail County Attorney, Fergus Falls, for Appellant.

Richard D. Varriano, Richard Edinger, Moorhead, for respondent.

John M. Stuart, Minnesota State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Cathryn Middlebrook, Assistant State Public Defender, Minneapolis, amicus curiae for State Public Defender.

Karen Ellingson, Executive Director, Maria Baldini-Potermin, Staff Attorney, St. Paul, amicus curiae Immigrant Law Center of Minnesota.

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

OPINION

PAGE, Justice.

Appellant Florencio Mendoza Barragan, a resident alien, entered into a plea agreement and, on July 22, 1996, pled guilty to a fifth-degree controlled substance crime in violation of Minn.Stat. § 152.025, subds. 1(1) and 3 (1996). Pursuant to the plea agreement, Barragan's felony sentence was stayed and he was placed on supervised probation for up to 5 years. In addition, he was required to spend 45 days in jail and pay a $1,000...

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