STATE v. COX

No. A09-1958.

798 N.W.2d 517 (2011)

STATE of Minnesota, Respondent, v. Diane Marie COX, Appellant.

Supreme Court of Minnesota.

June 15, 2011.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Robin Finke , Swift County Attorney, Harry D. Hohman , Assistant County Attorney, Benson, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, St. Paul, MN; and Julia Dayton Klein , Lauren J. Galgano , Special Assistant State Public Defenders, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN, for appellant.


OPINION

GILDEA, Chief Justice.

This case involves a question certified to the court of appeals raising an equal-protection challenge to appellant's prosecution under the dishonored-check statute, Minn. Stat. § 609.535 (2010). The dishonored-check statute provides in some circumstances for harsher penalties than the theft-by-check statute, Minn. Stat § 609.52, subd. 2(3)(i) (2010), and appellant relies on this disparity to support her equal-protection...

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