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STATE v. RICHMOND

No. A06-2092.

730 N.W.2d 62 (2007)

STATE of Minnesota, Appellant, v. Raymond Vanshaw RICHMOND, Respondent.

Court of Appeals of Minnesota.

April 17, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, Janelle P. Kendall, Stearns County Attorney, Chad T. May, Assistant County Attorney, St. Cloud, MN, and Patrick C. Diamond, Special Assistant Stearns County Attorney, Minneapolis, MN, for appellant.

John M. Stuart, State Public Defender, Mark D. Nyvold, Special Assistant Public Defender, St. Paul, MN, for respondent.

Considered and decided by HALBROOKS, Presiding Judge; KALITOWSKI, Judge; and COLLINS, Judge.

OPINION

COLLINS, Judge*.

The state appeals from a pretrial order dismissing on equal-protection grounds a complaint charging respondent Raymond Richmond with a third-degree controlled-substance crime for selling 0.2 grams of cocaine. The state argues that the district court clearly erred when it ruled that prosecuting Richmond under the third-degree statute for conduct purportedly also prohibited under the fourth-degree statute...

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