STATE OF MINNESOTA

IN SUPREME COURT

C9-95-1765

Court of AppealsTomljanovich, J.
Dissenting, Stringer, J., Keith, C.J., Blatz, J.

State of Minnesota,

Respondent,

vs.

Melvin Johns, petitioner,

Appellant.

Filed: September 11, 1997
Office of Appellate Courts

 

S Y L L A B U S

Reversed.

Heard, considered and decided by the court en banc.

O P I N I O N

Tomljanovich, Justice.

The defendant, Melvin Johns, is a co-defendant of Wayne Thomas Carter. The facts and legal issues are identical in both cases.

Based on our reasoning in the companion case of State v. Carter, ___ N.W.2d ___ (Minn., filed _________ 1997)(slip op. at ___), the decision of the court of appeals is reversed.

D I S S E N T

Stringer, J. (dissenting).

For the reasons set forth in my dissent in State v. Carter, I respectfully dissent.

KEITH, Chief Justice (dissenting).

I join in the dissent of Justice Stringer.

BLATZ, Justice (dissenting).

I join in the dissent of Justice Stringer.