STATE v. MITCHELL

No. A04-1487.

693 N.W.2d 891 (2005)

STATE of Minnesota, Plaintiff, v. Tasha Daphne MITCHELL, Defendant.

Court of Appeals of Minnesota.

March 29, 2005.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Amy Klobuchar, Hennepin County Attorney, Judith A. Johnston, Senior Assistant County Attorney, Donna J. Wolfson, Assistant County Attorney, Minneapolis, MN, for plaintiff.

Leonard Castro, Hennepin County Public Defender, Barbara S. Isaacman, Melissa A. Haley, Mark Vijay, Assistant Public Defenders, Minneapolis, MN, for defendant.

Considered and decided by TOUSSAINT, Chief Judge; HALBROOKS, Judge; and PORITSKY, Judge.


OPINION

TOUSSAINT, Chief Judge.

On a certified question from the district court filed pursuant to Minn. R.Crim. 28.03, the court is asked to resolve this question: May a charge of child neglect or endangerment under Minn.Stat. § 609.378 (2002) serve as the predicate offense for the charge of unintentional second-degree (felony) murder under Minn.Stat. § 609.19, subd. 2(1) (2002)?

FACTS

On August 12, 2003, emergency responders...

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