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STATE v. LINVILLE

No. A07-2323.

755 N.W.2d 314 (2008)

STATE of Minnesota, Plaintiff, v. Harold Glenn LINVILLE, Jr., Defendant.

Court of Appeals of Minnesota.

September 2, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and James C. Backstrom, Dakota County Attorney, Nicole E. Nee, Assistant County Attorney, Hastings, MN, for plaintiff.

Rodd A. Tschida, Minneapolis, MN, for defendant.

Considered and decided by ROSS, Presiding Judge; JOHNSON, Judge; and HARTEN, Judge.

OPINION

HARTEN, Judge.*

The district court, after denying a motion to dismiss a charge of possession of firearms by an ineligible person, certified to this court the following question:

If the State and Defendant agree that Whitten v. State, 690 N.W.2d 561 (Minn. App.2005) (conviction for felon-in-possession vacated where defendant...

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