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STATE v. BARKER

No. A04-1453.

705 N.W.2d 768 (2005)

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

Supreme Court of Minnesota.

November 17, 2005.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Susan J. Andrews, Benjamin Butler, Assistant Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Donna J. Wolfson, Assistant Hennepin County Attorney, Minneapolis, MN, for Respondent.

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

OPINION

HANSON, Justice.

Respondent Duane Barker was convicted of possession of a controlled substance. The district court sentenced him under Minn.Stat. § 609.11 (2004) (providing for a mandatory minimum sentence of 36 months after a judicial finding of firearm possession during the commission of a predicate offense) to 36 months in prison. The court of appeals reversed the sentence as violating Barker's Sixth Amendment right to a jury trial based...

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