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STATE v. FLEMING

No. A06-1170.

724 N.W.2d 537 (2006)

STATE of Minnesota, Appellant, v. John FLEMING, Jr., Respondent.

Court of Appeals of Minnesota.

December 12, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Mark N. Lystig, Assistant County Attorney, St. Paul, MN, for appellant.

Patrick McGee, Mark D. Nyvold, Special Assistant State Public Defenders, St. Paul, MN, for respondent.

Considered and decided by WRIGHT, Presiding Judge; RANDALL, Judge; and HALBROOKS, Judge.

OPINION

WRIGHT, Judge.

Appellant State of Minnesota challenges the district court's pretrial order dismissing a charge of unlawful possession of a firearm, arguing that the district court erred in ruling that Minn.Stat. § 624.713, subd. 1(b) (2004), does not prohibit possession of a BB gun by a person convicted of a violent crime. Appellant contends that, notwithstanding the exclusion of a BB gun from the statutory definition of "pistol," respondent...

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