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STATE v. BARKER

No. A04-1453.

692 N.W.2d 755 (2005)

STATE of Minnesota, Respondent, v. Duane Nathaniel BARKER, Appellant.

Court of Appeals of Minnesota.

March 8, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and Amy Klobuchar, Hennepin County Attorney, Donna J. Wolfson, Assistant County Attorney, Minneapolis, MN, for respondent.

John M. Stuart, State Public Defender, Susan J. Andrews, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge; MINGE, Judge; and WRIGHT, Judge.

OPINION

TOUSSAINT, Chief Judge.

This expedited appeal is from a sentence imposed for fifth-degree controlled substance offense. See Minn.Stat. § 152.025, subds. 2(1), 3(a) (2002). Appellant presents a Blakely challenge to the sentence, which was enhanced under Minn.Stat. § 609.11, subd. 5 (2002), the firearm-enhancement statute. See Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We reverse and...

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