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STATE v. SCHMIDT

No. C5-99-346.

612 N.W.2d 871 (2000)

STATE of Minnesota, Respondent, v. Randy Lee SCHMIDT, petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied July 24, 2000.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Jodie L. Carlson, Assistant State Public Defender, Minneapolis, for appellant.

Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, St. Paul, Boyd Beccue, Kandiyohi County Attorney, Constance Crowell, Kandiyohi Assistant County Attorney, Willmar, for respondent.

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

OPINION

RUSSELL A. ANDERSON, Justice.

In this case the trial court set aside guilty verdicts prior to sentencing because a subdivision of the charging statute was declared unconstitutional. We consider whether Minn.Stat. § 609.035 (1996) or the Double Jeopardy Clauses of the Minnesota and United States Constitutions bar retrial by an amended complaint that charges the same conduct under a different subdivision of the charging statute.

The state...

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