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STATE v. EDWARDS

No. C0-98-1636.

589 N.W.2d 807 (1999)

STATE of Minnesota, Appellant, v. Terry Lamont EDWARDS, Respondent.

Court of Appeals of Minnesota.

March 2, 1999.

Attorney(s) appearing for the Case

Michael A. Hatch, Attorney General, St. Paul, MN (for appellant)

Amy Klobuchar, Hennepin County Attorney, Beverly J. Benson, Assistant County Attorney, Minneapolis, MN (for appellant)

Mark S. Wernick, Wernick Law Office, Minneapolis, MN (for respondent)

Considered and decided by HARTEN, Presiding Judge, HUSPENI, Judge, and HOLTAN, Judge.

OPINION

HARTEN, Judge.

At an omnibus hearing, the district court dismissed for lack of probable cause a charge of burglary in the second degree, Minn.Stat. § 609.582, subd. 2 (1996) against respondent, finding that because the tenant of the burgled apartment was deceased, the apartment no longer was a "dwelling" within the statutory language. The district court also denied respondent's motion to suppress his statements to the police that respondent...

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