STATE v. IHLE

No. C5-00-1262.

640 N.W.2d 910 (2002)

STATE of Minnesota, Respondent, v. Mark Arthur IHLE, Petitioner, Appellant.

Supreme Court of Minnesota.

March 28, 2002.


Attorney(s) appearing for the Case

Michael A. Hatch, No. 42158, Attorney General, Timothy Kuntz, No. 58993, South St. Paul City Attorney, Ann C. O'Reilly, No. 269815, Asst. South St. Paul City Attorney, LeVander, Gillen & Miller, P.A., South St. Paul, Respondent's Attorneys'.

Michael F. Crommett, No. 19896, Assistant State Public Defender, Minneapolis, Appellant's Attorney.

Heard, considered and decided by the court en banc.


OPINION

ANDERSON, RUSSELL A., Justice.

Appellant Mark Arthur Ihle was arrested after an altercation with two police officers at his home in South St. Paul. He was convicted and sentenced for obstructing legal process with force or violence, a gross misdemeanor.1 On appeal he argues that his conviction must be reversed and a new trial granted because (1) the district court failed to instruct the jury that the obstruction statute...

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