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STATE v. VERSCHELDE

No. C5-98-613.

595 N.W.2d 192 (1999)

STATE of Minnesota, Respondent, v. Douglas Dwayne VERSCHELDE, Appellant.

Supreme Court of Minnesota.

May 6, 1999.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy State Public Defender, Minneapolis, Leonardo Castro, Chief Public Defender, Mankato, for appellant.

Michael A. Hatch, Atty. Gen., Robert A. Stanich, Asst. Atty. Gen., St. Paul, Ross E. Arneson, Blue Earth County Atty., Mankato, for respondent.

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

OPINION

BLATZ, C.J.

Appellant, Douglas Dwayne Verschelde, was charged with possession of a controlled substance in the fifth degree, and moved the trial court to dismiss the complaint on constitutional grounds. After the trial court denied appellant's motion to dismiss the complaint, appellant waived his right to a jury trial and submitted the case to the trial court on stipulated facts pursuant to the procedure we outlined in State v. Lothenbach,

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