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STATE v. SCHMIEG

No. CX-83-1803.

344 N.W.2d 425 (1984)

STATE of Minnesota, Appellant, v. Joseph G. SCHMIEG, Respondent,

Court of Appeals of Minnesota.

February 22, 1984.

Attorney(s) appearing for the Case

Marcia Rowland, Carver County Atty., Kenneth N. Potts, Asst. Carver County Atty., Chaska, for appellant.

D. Scott Ballou, Minneapolis, for respondent.

Considered and decided by FOLEY, P.J., WOZNIAK, Judge and SEDGWICK, Judge, with oral argument waived.

OPINION

FOLEY, Judge.

Appeal by the state from an order by the County Court of Carver County, granting defendant-respondent's pretrial motion to suppress an alleged incriminating statement made by the defendant (Schmieg) while Schmieg was in custody and during a telephone conversation which the Minnesota Implied Consent Law affords the defendant. Upon prosecution's oral notice, a stay was granted to allow the state to appeal the pretrial order. The charge...

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