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STATE v. BARNES

No. A05-810.

713 N.W.2d 325 (2006)

STATE of Minnesota, Respondent, v. Charles Ray BARNES, Appellant.

Supreme Court of Minnesota.

April 27, 2006.

Attorney(s) appearing for the Case

Michael A. Hatch, Attorney General, State of Minnesota, Saint Paul, MN, James Backstrom, Dakota County Attorney, Hastings, MN, for Respondent.

Charles Ray Barnes, Saint Cloud, MN, Appellant Pro Se.

Marie Wolf, Office of the Minnesota State Public Defender, Minneapolis, MN, for Appellant.

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

OPINION

HANSON, Justice.

Appellant Charles Ray Barnes appeals from his conviction of first-degree domestic abuse murder, Minn.Stat. § 609.185(a)(6) (2004). He argues that domestic abuse murder violates the Equal Protection Clause of the Minnesota Constitution because the elements of the crime overlap with those of third-degree depraved mind murder, Minn.Stat. § 609.195(a) (2004), but domestic abuse murder provides for significantly greater penalties...

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