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STATE v. MUNNELL

No. C2-83-1620.

341 N.W.2d 570 (1983)

STATE of Minnesota, Plaintiff, v. Marion Sherman MUNNELL, Defendant.

Court of Appeals of Minnesota.

December 21, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., Erica Jacobson, Sp. Asst. Attys. Gen., St. Paul, John Dimich, County Atty., Grand Rapids, for plaintiff.

Philip Marron, Asst. State Public Defender, Minneapolis, for defendant.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and SEDGWICK, JJ.

OPINION

FOLEY, Judge.

This opinion clarifies the order of briefing in certification proceedings under Minn. R.Crim.P. 28.03 (effective August 1, 1983). We hold that the party whose requested ruling, position or motion was denied by the certifying trial court is the appellant and must file the first brief.

FACTS

Defendant Munnell was charged with criminal vehicular operation, 1983 Minn. Laws, ch. 12, Sec. 1 (to be codified at Minn. Stat...

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