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CITY OF FERGUS FALLS v. SPORRE

No. 51388.

300 N.W.2d 791 (1981)

CITY OF FERGUS FALLS, Respondent, v. Timothy Raymond SPORRE, petitioner, Appellant.

Supreme Court of Minnesota.

January 9, 1981.

Attorney(s) appearing for the Case

Arveson, Donoho, Lundeen, Hoff, Svingen & English and R. Kristian Svingen, Fergus Falls, C. Paul Jones, Public Defender, Minneapolis, Robert L. Russell, Spec. Asst. State Public Defender, Fergus Falls, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Nycklemoe, Nycklemoe & Ellig, Van R. Ellig and David H. Nycklemoe, Fergus Falls, for respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

This appeal by defendant, with leave of this court, is from a split decision of a three-judge appellate panel of the district court reversing an order of the county court which granted defendant's motion to dismiss a prosecution for careless driving on the ground that it was barred by the prohibition in Minn.Stat. § 609.035 (1978) against serialized prosecution of multiple offenses arising from a unitary course of conduct. We reverse the district...

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