State v. Bluhm

COYNE, Justice.

The court of appeals in its decision in this case vacated the conviction of defendant, Dennis Bluhm, of sale of 10 grams or more of cocaine and the court remanded for sentencing on the less serious offense of sale of less than 10 grams of cocaine. 457 N.W.2d 256. We agree that defendant’s conviction must be vacated but, because our analysis differs from that of the court of appeals, we conclude that the appropriate relief is to remand and give the state the option of either retrying the defendant on the charge of sale of 10 grams or more or of sentencing defendant on the less…