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STATE v. HAYES

No. A09-2273.

State of Minnesota, Respondent, v. Craig Thomas Hayes, Appellant.

Court of Appeals of Minnesota.

Filed January 25, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and John J. Choi , Ramsey County Attorney, Mark Nathan Lystig , Assistant County Attorney, St. Paul, Minnesota, for respondent.

David W. Merchant , Chief Appellate Public Defender, Suzanne M. Senecal-Hill , Assistant Public Defender, St. Paul, Minnesota, for appellant.

Considered and decided by Kalitowski, Presiding Judge; Lansing, Judge; and Worke, Judge.

UNPUBLISHED OPINION

LANSING, Judge.

In this appeal from conviction following a stipulated-facts trial on a charge of fifth-degree possession with intent to sell, Craig Hayes challenges the denial of his pretrial suppression motion, the determination that a BB gun was a firearm for purposes of sentence enhancement, and the absence of a jury determination on the enhanced sentence. Because the seizure and ensuing search of Hayes was constitutionally valid,...

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