A04-1453 Precedential Vacated Processed

State v. Barker

Minnesota Supreme Court · Filed September 29, 2005 · 705 N.W.2d 398

Also decided on this docket: Minn. Ct. App., March 8, 2005 692 N.W.2d 755

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the sentence of 36 months in prison for fifth-degree possession of a controlled substance while possessing a firearm in violation of Minn.Stat. § 152.025, subd. 2(1), 3(a) (2002) and Minn.Stat. § 609.11, subd. 5 (2002) be, and the same is, vacated and the case is remanded to the district court for imposition of the presumptive sentence for violation of section 152.025, subd. 2(1) and 3(a). A written opinion will follow. IT IS FURTHER ORDERED that the Clerk of Appellate Courts shall immediately enter judgment. BY THE COURT: Sam Hanson Associate Justice