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STATE v. CARLSON

No. C8-87-402.

408 N.W.2d 192 (1987)

STATE of Minnesota, Appellant, v. John Edwin CARLSON, Respondent.

Court of Appeals of Minnesota.

June 23, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael Lynch, Kandiyohi Co. Atty., Warren A. Kochis, Asst. Kandiyohi Co. Atty., Willmar, for appellant.

C. Paul Jones, State Public Defender, Cathryn Young Middlebrook, Asst. Public Defender, Minneapolis, for respondent.

Considered and decided by LANSING, P.J., and HUSPENI and RANDALL, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

In a pretrial order the trial court denied the admission of hearsay statements. It also denied the State's request to stay the proceedings while the State appealed the evidentiary ruling. While we note the trial court's error in refusing to stay the proceedings pursuant to Minn.R.Crim.P. 28.04, we affirm.

FACTS

While conducting an undercover investigation in July...

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