STATE v. FOSTER

No. C6-00-1948.

630 N.W.2d 1 (2001)

STATE of Minnesota, Plaintiff, v. Larry FOSTER, Defendant.

Court of Appeals of Minnesota.

Review Denied August 15, 2001.


Attorney(s) appearing for the Case

Mike Hatch, Minnesota Attorney General, St. Paul, MN; and Amy J. Klobuchar, Hennepin County Attorney, Donna J. Wolfson, Assistant County Attorney, Minneapolis, MN, (for plaintiff).

Keith M. Ellison, Hassan & Reed, LLP, Minneapolis, MN, (for defendant).

Considered and decided by HARRIET LANSING, Presiding Judge, ROBERT SCHUMACHER, Judge, and G. BARRY ANDERSON, Judge.


OPINION

G. BARRY ANDERSON, Judge

Defendant, charged with the crime of felon in possession of a firearm, a violation of Minn.Stat. § 624.713, subd. 1(b), 2 (2000), argues that his prior felony conviction for possession of cocaine is not a felony upon which to base a prosecution for felon in possession of a firearm because his prior conviction was deemed a misdemeanor by order of law. The district court certified the question of whether a prior felony...

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