STATE OF MINNESOTA

IN COURT OF APPEALS

A06-2092

State of Minnesota,

Appellant,

vs.

Raymond Vanshaw Richmond,

Respondent.

Filed April 17, 2007

Reversed and remanded

Collins, Judge*

Stearns County District Court

File No. K5-06-484

Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134;

Janelle P. Kendall, Stearns County Attorney, Chad T. May, Assistant County Attorney, 705 Courthouse Square, Administration Center, Room 448, St. Cloud, MN 56303; and

Patrick C. Diamond, Special Assistant Stearns County Attorney, C-2000 Government Center, 300 South Sixth Street, Minneapolis, MN 55487 (for appellant)

John M. Stuart, State Public Defender, Mark D. Nyvold, Special Assistant Public Defender, 332 Minnesota Street, Suite W-1610, St. Paul, MN 55401 (for respondent)

Considered and decided by Halbrooks, Presiding Judge; Kalitowski, Judge; and Collins, Judge.

S Y L L A B U S

The legislature intended that the sale of less than three grams of cocaine, a schedule II narcotic drug, be punishable as a third-degree controlled-substance crime under Minn. Stat.