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STATE v. SMOOT

No. A06-2342.

737 N.W.2d 849 (2007)

STATE of Minnesota, Plaintiff, v. Matthew Raymond SMOOT, Defendant.

Court of Appeals of Minnesota.

September 4, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Donald F. Ryan, Crow Wing County Attorney, Kristine R. DeMay, Assistant County Attorney, Brainerd, MN, for plaintiff.

R. Daniel Rasmus, Christensen, Laue & Rasmus, Minneapolis, MN; and Eric L. Newmark, Birrell & Newmark, Ltd., Minneapolis, MN, for defendant.

Considered and decided by HUDSON, Presiding Judge; LANSING, Judge; and HALBROOKS, Judge.

OPINION

LANSING, Judge.

The district court denied Michael Smoot's motion to dismiss a charge of second-degree unintentional murder from a multi-count complaint. Following the denial of the motion, the district court certified as important and doubtful the question of whether the felony of first-degree driving while impaired can serve as a predicate felony for the charge of second-degree felony murder under Minn.Stat. § 609.19, subd. 2(1) (2004). We...

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