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STATE v. FOLEY

No. 990234.

610 N.W.2d 49 (2000)

2000 ND 91

STATE of North Dakota, Plaintiff and Appellant, v. Robert Brian FOLEY, Defendant and Appellee.

Supreme Court of North Dakota.

May 11, 2000.

Attorney(s) appearing for the Case

Allen M. Koppy, State's Attorney, Mandan, N.D., for plaintiff and appellant.

Chad R. McCabe, Vinje Law Firm, Bismarck, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] The State of North Dakota appeals from a trial court order dismissing the charge of felon in possession of a firearm against Robert Brian Foley for lack of probable cause. We conclude we have jurisdiction to hear the State's appeal; however, we are unable to clearly determine the factual basis for the trial court's conclusion that probable cause did not exist. Therefore, we reverse and remand for additional findings of fact and reconsideration...

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