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STATE v. FERGUSON

No. A10-0540.

808 N.W.2d 586 (2012)

STATE of Minnesota, Appellant, v. Michael James FERGUSON, Respondent.

Supreme Court of Minnesota.

Rehearing Denied February 10, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and John J. Choi , Ramsey County Attorney, Mitchell L. Rothman , Assistant County Attorney, St. Paul, Minnesota, for appellant.

David W. Merchant , Chief Appellate Public Defender, Benjamin J. Butler , Assistant State Public Defender, St. Paul, Minnesota, for respondent.

OPINION

MEYER, Justice.

Michael James Ferguson was convicted of one count of felony drive-by shooting at an occupied building, Minn.Stat. § 609.66, subd. 1e(b) (2010), and eight counts of second-degree assault, Minn.Stat. § 609.222, subd. 1 (2010), arising out of an incident in which multiple shots were fired at a duplex occupied by eight people. After Ferguson successfully appealed his original sentence, the district court imposed sentence on...

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