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STATE, CITY OF CRYSTAL v. KIVI

Nos. C5-96-591, C7-96-592.

554 N.W.2d 97 (1996)

STATE of Minnesota, CITY OF CRYSTAL, Appellant, v. Lisa Ann KIVI (C5-96-591), Rodney Wayne Haveri (C7-96-592), Respondents.

Court of Appeals of Minnesota.

Review Denied December 17, 1996.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, St. Paul; Peter A. MacMillan, Assistant City Attorney, Rondoni, MacMillan & Schneider, Ltd., Minneapolis, for Appellant.

Barry L. Hogen, Minneapolis, for Respondent Kivi.

Dean S. Grau, Minneapolis, for Respondent Haveri.

Considered and decided by KLAPHAKE, P.J., and DAVIES and PETERSON, JJ.

OPINION

PETERSON, Judge.

In these consolidated gross misdemeanor driving-while-under-the-influence cases, the state argues the district court erred in dismissing the second complaints filed against respondents and barring further prosecution on grounds that the state had filed those complaints instead of complying with its stated intent to appeal the dismissal of the first, untimely served complaints. Respondent Rodney Haveri filed a notice of review challenging...

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