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STATE v. HOUSTON

No. A04-324.

689 N.W.2d 556 (2004)

STATE of Minnesota, Respondent, v. Gerald E. HOUSTON, Appellant.

Court of Appeals of Minnesota.

December 7, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Thomas R. Ragatz, Assistant Attorney General, St. Paul, MN; and Kathleen A. Heaney, Sherburne County Attorney, Arden Fritz, Assistant Sherburne County Attorney, Elk River, MN, for respondent.

John M. Stuart, State Public Defender, Davi E. Axelson, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by LANSING, Presiding Judge; TOUSSAINT, Chief Judge; and CRIPPEN, Judge.

OPINION

CRIPPEN, Judge.*

In December 2003, this court affirmed the conviction and sentence of appellant Gerald Houston for attempted controlled substance crime in the first degree, methamphetamine manufacture, and one count of controlled substance crime in the fifth degree, possession. State v. Houston, No. C5-02-584, 2002 WL 31892561, *6 (Minn.App. Dec.31, 2002). In a subsequent...

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