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STATE v. BLACKSTEN

No. C0-92-621.

489 N.W.2d 252 (1992)

STATE of Minnesota, Appellant, v. Kevin Clayton BLACKSTEN, Respondent.

Court of Appeals of Minnesota.

Review Granted September 30, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James A. Terwedo, Scott County Atty., Thomas J. Harbinson, Neil Nelson, Asst. Scott County Attys., Shakopee, for appellant.

John M. Stuart, Minn. State Public Defender, Mark D. Nyvold, Sp. Asst. Public Defender, St. Paul, for respondent.

Considered and decided by HARTEN, P.J., and KALITOWSKI and FOLEY, JJ.

OPINION

HARTEN, Judge.

This appeal is from a pretrial order suppressing evidence and dismissing charges of aggravated robbery for lack of probable cause. We affirm in part, reverse in part and remand.

FACTS

A New Prague gas station was robbed January 21, 1992. Station employees described the robbers as two white males wearing snowmobile helmets and ski masks, one carrying a shotgun. Police found two sets of shoe prints, one from cowboy...

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