WELFARE OF RAINO v. STATE

No. 47132.

255 N.W.2d 398 (1977)

In re WELFARE OF Lynda Gail RAINO, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

June 17, 1977.


Attorney(s) appearing for the Case

Wm. R. Kennedy, Hennepin County Public Defender, William J. Briere and Wright S. Walling, Asst. County Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, David W. Larson, and Phebe S. Haugen, Asst. County Attys., Minneapolis, for respondent.

Heard before ROGOSHESKE, YETKA and SCOTT, JJ., and considered and decided by the court en banc.


YETKA, Justice.

An appeal by a juvenile from an order of the Hennepin County District Court, Juvenile Division, affirming a finding of disorderly conduct. We reverse.

This appeal presents a single issue: Whether the juvenile court is permitted to amend the petition after an adjudicatory hearing to include an offense not originally charged and which is not a lesser included offense of the original conduct charged.

The facts are not in dispute. The appellant...

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