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STATE v. THAO

No. C1-00-2022.

649 N.W.2d 414 (2002)

STATE of Minnesota, Respondent, v. Tze THAO, Petitioner, Appellant.

Supreme Court of Minnesota.

August 8, 2002.

Attorney(s) appearing for the Case

Michael C. Davis, (# 20688x), Special Assistant State Public Defender, St. Paul, MN, for Appellant.

Michael A. Hatch, Minnesota Attorney General, Susan Gaertner, Ramsey County Attorney, Darrell C. Hill, (# 45056), Assistant Ramsey County Attorney, St. Paul, MN, for Respondent.

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

OPINION

STRINGER, Justice.

A shot fired from a vehicle parked near a basketball court in a public park struck and killed a basketball player. Following a jury trial, appellant Tze Thao was found not guilty of first-degree premeditated murder but guilty of murder in the second degree while committing a drive-by shooting for the benefit of a gang.1 The district court imposed an upward...

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