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MATTER OF WELFARE OF B.M.L.

No. C1-96-345.

553 N.W.2d 113 (1996)

In the Matter of the WELFARE OF B.M.L., Child.

Court of Appeals of Minnesota.

September 17, 1996.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Dwayne Bryan, Asst. State Public Defender, Minneapolis, for Appellant child.

Gregory D. Larson, Hubbard County Attorney, Park Rapids, for Respondent.

Considered and decided by HUSPENI, P.J., and RANDALL and AMUNDSON, JJ.

OPINION

HUSPENI, Judge.

The district court granted a petition that appellant be adjudicated delinquent based on its finding that the petitioner had made a prima facie showing that appellant violated Minn.Stat. § 609.3451, subd. 1 (1994). Appellant seeks a new trial on the grounds that the use of the prima facie standard was plain error affecting his substantial rights. We agree, and reverse and remand for a new trial.

FACTS

Appellant...

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