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STATE v. LOPEZ

No. C8-86-373.

390 N.W.2d 306 (1986)

STATE of Minnesota, Appellant, v. Juan Peter LOPEZ, Jr., Respondent.

Court of Appeals of Minnesota.

July 1, 1986.

Attorney(s) appearing for the Case

Edward P. Starr, City Atty., Michael F. Driscoll, Pamela F. Hutton, Asst. City Attys., St. Paul, for appellant.

Frederic Bruno, Minneapolis, for respondent.

Considered and decided by LESLIE, P.J., and FOLEY and WOZNIAK, JJ. with oral argument waived.

OPINION

LESLIE, Judge.

The State of Minnesota appeals pursuant to Minn.R.Crim.P. 28.04 from a pretrial order of the municipal court allowing the defense to unilaterally stipulate to a jury of six and refusing to allow the State to introduce certain evidence of observations made by the police officer. We reverse.

FACTS

At 12:58 a.m. on August 15, 1985 near the vicinity of Grotto and Aurora...

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