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STATE v. BLUHM

No. C6-02-1775.

676 N.W.2d 649 (2004)

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

Supreme Court of Minnesota.

March 25, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, John K. Carlson, Pine County Attorney, Pine City, for Appellant.

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

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

OPINION

PAGE, Justice.

In this appeal by the state, we are asked to decide whether a defendant convicted under Minn.Stat. § 152.025 (2002), who has a previous qualifying controlled substance conviction, must serve a mandatory minimum sentence. In this case, respondent Amber Lynn Bluhm pleaded guilty to fifth-degree controlled substance crime. At her sentencing hearing, the district court stayed imposition of sentence, placed her on three years' probation...

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