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STATE v. SOYKE

No. C0-98-499.

585 N.W.2d 418 (1998)

STATE of Minnesota, Respondent, v. Ralph Henry SOYKE, Appellant.

Court of Appeals of Minnesota.

October 27, 1998.

Attorney(s) appearing for the Case

Hubert H. Humphrey III, Attorney General, St. Paul; and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, St. Paul, (for respondent).

James T. Hankes, Chief Ramsey County Public Defender, Leif Carlson, Assistant Public Defender, St. Paul, (for appellant).

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

OPINION

DANIEL F. FOLEY, Judge.*

Appellant Ralph Soyke filed this appeal from an order denying his motion to dismiss a complaint charging him with second- and fifth-degree criminal sexual conduct after the district court declared a mistrial in Soyke's first trial when the jury appeared dead-locked. We extend discretionary review of the order and affirm.

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