State v. Johnson

YETKA, Justice.

These are consolidated appeals, defendant’s from his judgment of conviction of possessing hashish, the state’s from sentence. We affirm defendant’s conviction but remand for resentencing in accordance with our opinion in State v. Cizl, 304 N.W.2d 632 (Minn.1981), which was filed after the sentencing in this case.

Defendant’s conviction was based on evidence discovered in the search of defendant’s person incident to a custodial arrest of defendant for violating a St. Paul ordinance prohibiting the carrying in public of an assault weapon. St. Paul Legislative Code § 225 (1981).…