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STATE v. ERDMAN

No. C0-87-1009.

422 N.W.2d 511 (1988)

STATE of Minnesota, Appellant, v. Ronald Raymond ERDMAN, Respondent.

Supreme Court of Minnesota.

Rehearing Denied June 3, 1988.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Paul R. Kempainen, St. Paul, Larry Mickelberg, Clay County Courthouse, Moorhead, for appellant.

James D. Sandsmark, Alan J. Sheppard, Fargo, N.D., C. Paul Jones, State Public Defender, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

AMDAHL, Chief Justice.

We granted the state's petition for review to determine whether the court of appeals erred in granting defendant a new trial on the basis of a witness' recantation of her trial testimony. Holding that the court of appeals erred, we reverse the award of a new trial and reinstate defendant's conviction of the gross misdemeanor offense of fleeing a peace officer, Minn. Stat. § 609.487, subd. 3 (1986).

The state's...

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