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STATE v. SAILOR

No. 47395.

257 N.W.2d 349 (1977)

STATE of Minnesota, Appellant, v. Sheldon Joseph SAILOR, Respondent.

Supreme Court of Minnesota.

August 5, 1977.

Attorney(s) appearing for the Case

Keith M. Brownell, County Atty., Richard C. Hansen, Reg. Prosecutor, Duluth, for appellant.

Richard P. Holmstrom, Duluth, for respondent.

Considered and decided by the court without oral argument.

TODD, Justice.

This is an appeal by the state pursuant to Rule 29.03, Rules of Criminal Procedure, from an order of the district court dismissing a felony charge of unauthorized use on the ground that defendant's prior plea of guilty in county court to misdemeanor offenses of driving while under the influence and driving without a license precluded prosecution in district court under Minn.St. 609.035 because all of the offenses arose out a single behavioral incident...

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