STATE v. RHINES

No. C9-88-1522.

435 N.W.2d 542 (1989)

STATE of Minnesota, Appellant, v. Robert Louis RHINES, Respondent.

Court of Appeals of Minnesota.

Review Denied March 17, 1989.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, Beverly J. Wolfe, Asst. Co. Atty., Minneapolis, for appellant.

Robert D. Sicoli, Thompson & Lundquist, Ltd., Minneapolis, for respondent.

Heard, considered, and decided by SHORT, P.J., and LESLIE, and STONE, JJ.


OPINION

STONE, Judge.

Respondent Robert Louis Rhines was charged with one count of perjury pursuant to Minn.Stat. § 609.48, subd. 1(1) (1986) for false statements allegedly made during a guilty plea that he later withdrew. At trial, upon Rhines' motion, the trial court suppressed Rhines' testimony at his guilty plea and dismissed the perjury complaint for lack of probable cause.

On appeal, the state argues that the trial court erred in suppressing...

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