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STATE v. WELTZIN

No. C5-00-127.

630 N.W.2d 406 (2001)

STATE of Minnesota, Respondent, v. Blair Christian WELTZIN, Petitioner, Appellant.

Supreme Court of Minnesota.

July 26, 2001.

Attorney(s) appearing for the Case

Cynthia L. Evenson, Asst. Public Defender, Duluth, for appellant.

Michael Hatch, Atty. Gen., St. Paul, Brian F. Brown, City Atty., Mary E. Asmus, Asst. City Atty., Duluth, for respondent.

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

OPINION

LANCASTER, Justice.

A police officer cited appellant Blair Weltzin for underage consumption of alcohol in violation of a state statute, making his behavior a misdemeanor. See Minn. Stat. § 340A.503, subd. 1(a)(2) (2000). At a pretrial hearing, the state moved to amend the charge to a violation of an ordinance that also punished underage consumption but, unlike the statutory charge, did not authorize a penalty of incarceration. Over Weltzin...

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