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STATE v. McCOY

No. C4-02-1788.

668 N.W.2d 425 (2003)

STATE of Minnesota, Respondent, v. Tyrone S. McCOY, Appellant.

Court of Appeals of Minnesota.

September 9, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, and Susan Gaertner, Ramsey County Attorney, Dawn Burlingame, Assistant County Attorney, St. Paul, MN, for Respondent.

John M. Stuart, State Public Defender, Roy G. Spurbeck, Assistant Public Defender, Minneapolis, MN, for Appellant.

Considered and decided by WRIGHT, Presiding Judge, LANSING, Judge, and PETERSON, Judge.

OPINION

LANSING, Judge.

This appeal from a misdemeanor domestic-violence conviction presents the question of whether Minn.Stat. § 634.20 (2002) as applied to abrogate the clear-and-convincing-evidence requirement of Minn. R. Evid. 404(b) violates the separation-of-powers doctrine of the Minnesota Constitution. We conclude that the legislature did not intend to abrogate the clear-and-convincing-evidence requirement and that section 634.20 does not conflict...

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