STATE OF MINNESOTA
IN SUPREME COURT
State of Minnesota,
Duane Nathaniel Barker,
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: