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STATE v. PERALTA

No. C6-99-310.

598 N.W.2d 698 (1999)

STATE of Minnesota, Appellant, v. Richard Frica PERALTA, Respondent.

Court of Appeals of Minnesota.

Review Denied October 21, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Thomas J. Harbinson, Scott County Attorney, Michael J. Groh, Assistant County Attorney, Shakopee, for appellant.

Joseph S. Friedberg, Minneapolis; and Lisa Lodin Peralta, St. Paul, for respondent.

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

OPINION

HALBROOKS, Judge

Appellant State of Minnesota appeals from the district court's pretrial order excluding from a perjury prosecution respondent Richard Peralta's withdrawn guilty plea from a previous criminal sexual conduct prosecution. Because we conclude Minn. R.Crim. P. 15.06 and Minn. R. Evid. 410 bar the use of Peralta's withdrawn plea in a subsequent perjury prosecution and are not in conflict with Minn.Stat. § 609.48, we affirm.

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