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MATTER OF WELFARE OF D.F.B.

No. CX-88-900.

430 N.W.2d 475 (1988)

In the Matter of the WELFARE OF: D.F.B., Child.

Court of Appeals of Minnesota.

October 18, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Raymond F. Schmitz, Olmsted Co. Atty., Debra A. Jacobson, Asst. Co. Atty., Rochester, for appellant Olmsted County.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. State Public Defender, Minneapolis, for respondent D.F.B.

Thomas L. Johnson, Hennepin Co. Atty., Michael K. Walz, Asst. Hennepin Co. Atty., Minneapolis, for amicus curiae Minnesota County Attys. Assoc.

Heard, considered and decided by HUSPENI, P.J., and NORTON and HACHEY, JJ.

OPINION

HUSPENI, Judge.

Appellant Olmsted County challenges the trial court's findings, conclusions and order denying the motion to refer respondent D.F.B. for adult prosecution. We reverse and remand for further proceedings consistent with this opinion.

FACTS

D.F.B.'s parents and two younger siblings were killed with an ax on February 18, 1988. D.F.B., age 16, was a sophomore in high school, and had discussed killing his family to obtain...

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