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STATE v. HANKE

No. A05-261.

712 N.W.2d 211 (2006)

STATE of Minnesota, Respondent, v. Kenneth Eric HANKE, Appellant.

Court of Appeals of Minnesota.

April 11, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, James B. Early, Assistant Attorney General, St. Paul, MN; and Katherine Johnson, Chisago County Attorney, Center City, MN, for respondent.

John M. Stuart, State Public Defender, Minneapolis, MN; and John J. Brogan, Special Assistant State Public Defender, Dorsey & Whitney LLP, Minneapolis, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge, HUDSON, Judge, and COLLINS, Judge.

OPINION

KLAPHAKE, Judge.

Appellant Kenneth Eric Hanke was convicted of fifth-degree possession of cocaine in violation of Minn.Stat. § 152.025, subd. 2(1) (2002). He moved posttrial for a Schwartz hearing because of improper comments made by the bailiff in the presence of at least three jurors during trial. The district court found that the bailiff had commented on the pervasive methamphetamine problem in Chisago County and suggested that such...

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