STATE v. TOLBERT

No. C1-92-515.

488 N.W.2d 11 (1992)

STATE of Minnesota, Appellant, v. Carl Manuel TOLBERT, Jr., Respondent.

Court of Appeals of Minnesota.

August 18, 1992.


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.

John M. Stuart, Minnesota Public Defender, Minneapolis, Richard Smith, Olmsted Co. Public Defender, Terrence M. Walters, Asst. Public Defender, Rochester, for respondent.

Considered and decided by HUSPENI, P.J., and CRIPPEN, and NORTON, JJ.


OPINION

CRIPPEN, Judge.

The state challenges the trial court's dismissal of a criminal complaint at a probable cause hearing. Respondent contends that this challenge cannot be heard by this court because the trial court's order is not appealable. In addition, respondent argues that even if the order is appealable, the trial court's dismissal was proper. We reinstate the proceedings.

FACTS

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