Granted. Judgment of the trial court finding that the state failed to carry its burden of proof is vacated and set aside. There was probable cause. Case remanded to the district court for further proceedings.
CALOGERO, C.J., votes to grant and docket.
LEMMON, J., concurs. I voted to remand this case to the court of appeal for an opinion without recognizing that this was at the preliminary examination stage. Relator may reraise the public place" issue on appeal...
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