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STATE v. RAU

No. C2-84-1840.

367 N.W.2d 613 (1985)

STATE of Minnesota, Appellant, v. Scott Arthur RAU, Respondent.

Court of Appeals of Minnesota.

Review Denied July 26, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Roger S. Van Heel, Stearns Co. Atty., Patrick T. Strom, John D. Ellenbecker, Asst. Co. Attys., St. Cloud, for appellant.

C. Paul Jones, Minnesota State Public Defender, Brian I. Rademacher, Asst. Public Defender, Minneapolis, for respondent.

Heard, considered and decided by FORSBERG, P.J., and PARKER and LANSING, JJ.

OPINION

LANSING, Judge.

The State appeals a pretrial order granting the defendant's motion to dismiss gross misdemeanor charges of driving while under the influence of alcohol and driving with an alcohol concentration of .10 or more, committed within five years of a previous DWI conviction. The trial court dismissed the charges on the ground that the record does not show that the defendant was advised of his right to confront and cross-examine witnesses...

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