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MATTER OF WELFARE OF GIVENS

No. 81-282.

307 N.W.2d 489 (1981)

In the Matter of the WELFARE OF Joseph Nathan GIVENS.

Supreme Court of Minnesota.

June 29, 1981.

Attorney(s) appearing for the Case

William R. Kennedy, County Public Defender, and James J. Krieger, Asst. County Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Asst. County Atty., Michael McGlennen, Asst. County Atty., Thomas A. Weist and Anne E. Peek, law clerks, Minneapolis, for respondent.

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

SHERAN, Chief Justice.

This is an expedited pretrial appeal from an order of the Hennepin County District Court, Juvenile Division, granting the state's motion pursuant to Minn.Stat. § 260.125 (1980) to refer appellant juvenile for prosecution as an adult. Holding that the state established a prima facie case pursuant to section 260.125, subdivision 3, which was unrebutted by appellant, we affirm the reference order.

The conduct for which appellant will...

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