STATE OF MINNESOTA

 

IN SUPREME COURT

 

A04-1453

 

State of Minnesota,

 

Appellant,

 

vs.

 

Duane Nathaniel Barker,

 

Respondent.

 

O R D E R

 

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the sentence of 36 months in prison for fifth-degree possession of a controlled substance while possessing a firearm in violation of Minn. Stat. 152.025, subd. 2(1), 3(a) (2002) and Minn. Stat. 609.11, subd. 5 (2002) be, and the same is, vacated and the case is remanded to the district court for imposition of the presumptive sentence for violation of section 152.025, subd. 2(1) and 3(a). A written opinion will follow.

IT IS FURTHER ORDERED that the Clerk of Appellate Courts shall immediately enter judgment.

Dated: September 29, 2005 BY THE COURT:

 

_____________________________

Sam Hanson

Associate Justice