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STATE v. F. C. R.

No. 48640.

276 N.W.2d 636 (1979)

STATE of Minnesota, petitioner, Appellant, v. In re Welfare of F. C. R., Respondent.

Supreme Court of Minnesota.

February 9, 1979.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon Bergstrom and David Larson, Asst. County Attys., Minneapolis, for appellant.

William R. Kennedy, Hennepin County Public Defender, Robert T. Dolan, Gerard W. Snell, and Lane E. Ayres, Asst. Public Defenders, Minneapolis, for respondent.

Heard before SHERAN, C. J., ROGOSHESKE, and WAHL, JJ., and considered and decided by the court en banc.

WAHL, Justice.

The State appeals from an order of the Hennepin County District Court, Juvenile Division, denying its motion to refer respondent for adult prosecution pursuant to Minn.St. 260.125 on a charge of armed robbery. The juvenile court, without making findings as required by Minn.St. 260.125, subd. 2, denied the motion because the prosecutor delayed eight months in charging respondent. The issues on appeal are: (1) whether this delay was an abuse of prosecutorial...

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