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STATE v. BLUHM

No. C6-02-1775.

663 N.W.2d 24 (2003)

STATE of Minnesota, Respondent, v. Amber Lynn BLUHM, Appellant.

Court of Appeals of Minnesota.

June 17, 2003.

Attorney(s) appearing for the Case

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

Mike Hatch, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN, and John Carlson, Pine County Attorney, Pine County Courthouse, Pine City, MN, for respondent.

Considered and decided by RANDALL, Presiding Judge, SHUMAKER, Judge, and HUSPENI, Judge.

OPINION

HUSPENI, Judge.*

Appellant challenges her sentence for fifth-degree controlled-substance crime, arguing that (1) the district court erred in concluding it was required to incarcerate appellant for six months; and (2) Minn. Stat. § 152.025, subd. 3(b) (2000), does not require a mandatory minimum incarceration period of six months. Because the district court erred in concluding that it was required to sentence appellant...

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