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STATE v. DESHAY

No. C9-01-1128.

645 N.W.2d 185 (2002)

STATE of Minnesota, Respondent, v. Montell Andre DeSHAY, Appellant.

Court of Appeals of Minnesota.

June 11, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, John B. Galus, Assistant Attorney General, St. Paul, and Alan L. Mitchell, St. Louis County Attorney, Duluth, for respondent.

John M. Stuart, State Public Defender, Michael C. Davis, Special Assistant Public Defender, St. Paul, for appellant.

Considered and decided by HANSON, Presiding Judge, SCHUMACHER, Judge, and PORITSKY, Judge.

OPINION

PORITSKY, Judge.*

This is an appeal from a conviction of and sentence for conspiracy to commit first-degree controlled-substance crime, committed for the benefit of a gang. Appellant argues that (1) the "crime committed for the benefit of a gang" statute violates equal protection, (2) the evidence presented is insufficient to prove the offense, (3) the district court erred by admitting expert testimony based on the ten...

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