Legal Opinion

State v. Barker

Court of Appeals of Minnesota

Decided March 8, 2005No. A04-1453PublishedCited by 2 opinions

1Opinion of the Court

OPINION

TOUSSAINT, Chief Judge.

This expedited appeal is from a sentence imposed for fifth-degree controlled substance offense. See Minn.Stat. § 152.025, subds. 2(1), 3(a) (2002). Appellant presents a Blakely challenge to the sentence, which was enhanced under MinmStat. § 609.11, subd. 5 (2002), the firearm-enhancement statute. See Blakely v. Washington, -U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We reverse and remand.

FACTS

Appellant Duane Barker was charged with fifth-degree controlled substance offense, committed while possessing a firearm. Police, responding to a call regarding a…

2Cases cited9 opinions

Blakely v. WashingtonSupreme Court of the United States · 2004
Harris v. United StatesSupreme Court of the United States · 2002
State v. SmithSupreme Court of Minnesota · 2003
State v. ShattuckSupreme Court of Minnesota · 2004
State v. HagenCourt of Appeals of Minnesota · 2004

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3Cited by2 opinions

State v. BarkerSupreme Court of Minnesota · 2005
State v. BoehlCourt of Appeals of Minnesota · 2007