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STATE v. MIRELES

No. C3-00-742.

619 N.W.2d 558 (2000)

STATE of Minnesota, Plaintiff, v. Jose Isidrio MIRELES, Defendant.

Court of Appeals of Minnesota.

November 21, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Robert A. Stanich, Assistant Attorney General, St. Paul, Boyd Beccue, Kandiyohi County Attorney, Willmar, for plaintiff.

John M. Stuart, State Public Defender, Scott G. Swanson, Assistant State Public Defender, Minneapolis, for defendant.

Considered and decided by WILLIS, Presiding Judge, CRIPPEN, Judge, and PETERSON, Judge.

OPINION

WILLIS, J.

Defendant Jose Mireles was arrested for his alleged involvement in a drive-by shooting. The state moved to introduce expert-opinion testimony that Mireles is a member of a criminal gang. Mireles moved to exclude that testimony and challenged the constitutionality of Minn.Stat. § 609.229 (1998), proscribing the commission of a crime "for the benefit of a gang." The district court upheld the constitutionality of section 609.229 but...

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