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STATE v. RAMIREZ

No. CX-99-181.

597 N.W.2d 575 (1999)

STATE of Minnesota, Appellant, v. Rodolfo Jiminez RAMIREZ, Respondent.

Court of Appeals of Minnesota.

June 29, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Lisa N. Borgen, Clay County Attorney, Gregg S. Jensen, Assistant Clay County Attorney, Moorhead, for appellant.

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

Considered and decided by SCHUMACHER, Presiding Judge, AMUNDSON, Judge, and HALBROOKS, Judge.

OPINION

HALBROOKS, Judge

Appellant State of Minnesota challenges the district court's pretrial order dismissing respondent's welfare fraud charge on equitable estoppel grounds. Appellant argues equitable estoppel is not available to a criminal defendant and, even if it were, its requirements were not met in this case. Respondent contends the district court's order is not appealable. Respondent also requests attorney fees under Minn. R.Crim. P. 28.04, subd...

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