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STATE v. PERKINS

No. CX-97-905.

588 N.W.2d 491 (1999)

STATE of Minnesota, petitioner, Appellant, v. Donald PERKINS, Respondent.

Supreme Court of Minnesota.

January 14, 1999.

Attorney(s) appearing for the Case

Charles E. MacLean, Winona County Attorney, Steven L. Schleicher, Assistant Winona County Attorney, Winona, Michael A. Hatch, Minnesota Attorney General, St. Paul, for appellant.

John M. Stuart, Minnesota State Public Defender, Leslie J. Rosenberg, Special Assistant State Public Defender, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

STRINGER, Justice.

This matter was originally before this court on an appeal by appellant State of Minnesota from an order of the court of appeals affirming a trial court's pre-trial order suppressing evidence and dismissing the charge of fifth-degree controlled substance violation against respondent Donald Perkins. Because during the omnibus hearing below neither the defense nor the prosecution directly addressed the legality of police entry into...

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