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IN RE WELFARE OF D.W.O.

No. C4-98-1820.

594 N.W.2d 207 (1999)

In the Matter of the WELFARE OF D.W.O., Child.

Court of Appeals of Minnesota.

May 11, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and Donald F. Ryan, Crow Wing County Attorney, Janine L. LePage, Assistant County Attorney, Brainerd (for respondent state).

John M. Stuart, State Public Defender, Charlann Winking, Assistant State Public Defender, Minneapolis (for appellant child).

Considered and decided by DAVIES, Presiding Judge, PETERSON, Judge, and FOLEY, Judge.

OPINION

DANIEL F. FOLEY, Judge.*

This appeal is from an adjudication of delinquency for conspiracy to commit first-degree criminal damage to property. Minn.Stat. §§ 609.175, subd. 2, 609.595, subd. 1(3) (1996). Because we conclude the trial court erred in adjudicating appellant D.W.O. delinquent based on a conspiracy theory not charged in the delinquency petition, we reverse...

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