State v. Sanderson

OPINION

HUSPENI, Judge.

Pursuant to Minn.R.Crim.P. 28.03, the trial court certified to this court two questions as important and doubtful, seeking a ruling on the constitutionality of Minn.R. Crim.P. 24.02, subd. 2. We answer both questions in the negative.

FACTS

Defendant Kenneth John Sanderson was arrested and charged with one count of malicious punishment of a child, Minn.Stat. § 609.377 (Supp.1989) and one count of fifth degree assault, Minn.Stat. § 609.224 (1990), arising from a course of allegedly abusive conduct occurring between June and August 7, 1990. The parties stipulate that the…