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BAKER v. STATE

No. C4-98-1090.

590 N.W.2d 636 (1999)

Denise Marie BAKER, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

Amended on Grant of Rehearing March 11, 1999.

Attorney(s) appearing for the Case

Laura A. Zimm, Duluth, for appellant.

M. Hatch, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis County Atty., Tisha R. Tallman, Asst. County Atty., Duluth, for respondent.

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

OPINION

BLATZ, Chief Justice.

Appellant Denise Marie Baker contends that the enhanced gross misdemeanor DWI statutes' two-year sentencing provisions, Minn.Stat. § 169.121, subd. 3(d), and Minn. Stat. § 169.129, subd. 2(b), and the amended definition of felony, Minn.Stat. § 609.02, subd. 2, are unconstitutional because they permit local imprisonment for a period exceeding one year without a twelve-person jury. We conclude that the enhanced...

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