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STATE v. WHITE

No. C3-85-156.

369 N.W.2d 301 (1985)

STATE of Minnesota, Appellant, v. Carl Erskine WHITE, Respondent.

Court of Appeals of Minnesota.

Review Denied August 20, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Hennepin County Atty., Paul R. Jennings, Asst. County Atty., Minneapolis, for appellant.

Phillip S. Resnick, Minneapolis, for respondent.

Heard, considered and decided en banc by POPOVICH, C.J., and PARKER, LANSING, HUSPENI, FORSBERG, RANDALL and CRIPPEN, JJ.

OPINION

PARKER, Judge.

The State appeals from the trial court's order dismissing charges of criminal sexual conduct in the first and third degrees on double jeopardy grounds. The trial court granted the prosecutor's motion for a mistrial before completion of the victim's direct testimony, based on allegedly prejudicial remarks in the prosecutor's opening statement. Subsequently, the trial court granted defendant's motion for dismissal. We reverse and remand...

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