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STATE v. AL-NASEER

No. A03-634.

690 N.W.2d 744 (2005)

STATE of Minnesota, Respondent, v. Mohammed Gazizamil AL-NASEER, Appellant.

Supreme Court of Minnesota.

January 20, 2005.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Rochelle R. Winn, Assistant State Public Defender, Office of the State Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Attorney General, Amy V. Kvalseth, Assistant Attorney General, St. Paul, MN, Lisa Borgen, Clay County Attorney, Moorhead, MN, for Respondent.

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

OPINION

PAGE, Justice.

On June 16, 2002, the car driven by appellant, Mohammed Al-Naseer, struck and killed Kane Thomson while Thomson was changing a flat tire on the side of Highway 10 near Glyndon, Minnesota. As a result of Thomson's death, Al-Naseer was charged with and convicted of two counts of criminal vehicular homicide, one for gross negligence under Minn.Stat. § 609.21, subd. 1(1) (2004), and the other for leaving the scene of an accident under...

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