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STATE v. DeSHAY

No. C9-01-1128.

669 N.W.2d 878 (2003)

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

Supreme Court of Minnesota.

October 9, 2003.

Attorney(s) appearing for the Case

Michael C. Davis, Special Assistant State Public Defender, St. Paul, MN, for Appellant.

Michael A. Hatch, State Attorney General, John B. Galus, Assistant Attorney General, St. Paul, MN, Alan L. Mitchell, St. Louis County Attorney, Duluth, MN, for Respondent.

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

OPINION

ANDERSON, PAUL H., Justice.

Appellant Montell Andre DeShay was charged by complaint in St. Louis County with conspiracy to commit a controlled substance crime in the first degree for the benefit of a gang, Minn.Stat. §§ 152.021, subd. 1(1) (2002), 152.096, subd. 1 (2002), and 609.229, subd. 2 (2002), and committing a controlled substance crime in the third degree for the benefit of a gang, Minn.Stat. §§ 152.023, subd. 1(1) (2002...

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