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STATE v. BAUER

No. 50128.

299 N.W.2d 493 (1980)

STATE of Minnesota, Plaintiff, v. Charles Christian BAUER, Defendant.

Supreme Court of Minnesota.

September 5, 1980.

Attorney(s) appearing for the Case

William R. Kennedy, County Public Defender, Franklin J. Knoll and Gerard W. Snell, Asst. Public Defenders, Minneapolis, Ranum, Quackenbush & Burke and Kevin S. Burke, Minneapolis, for defendant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief Asst. County Atty., Appellate Section, David W. Larson, Asst. County Atty., Minneapolis, for plaintiff.

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

YETKA, Justice.

Defendant Bauer, against whom an indictment for murder arising out of a 1972 shooting incident is pending, has been found incompetent to stand trial for over 3½ years. On February 29, 1979, the Hennepin County Public Defender moved, on Bauer's behalf, to dismiss the indictment. The Hennepin County District Court certified to this court the question of whether the motion for dismissal should be granted. We answer the question in the negative.<...

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