State v. Mireles
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
WILLIS, J.
Defendant Jose Míreles was arrested for his alleged involvement in a drive-by shooting. The state moved to introduce expert-opinion testimony that Míreles is a member of a criminal gang. Míreles moved to exclude that testimony and challenged the constitutionality of Minn.Stat. § 609.229 (1998), proscribing the commission of a crime “for the benefit of a gang.” The district court upheld the constitutionality of section 609.229 but excluded expert-opinion testimony about whether Mí-reles is a gang member. The district court certified as important and doubtful the questions of…
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