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IN RE WELFARE OF B.N.S

No. C2-01-1665.

647 N.W.2d 40 (2002)

In the Matter of the WELFARE OF B.N.S., Child.

Court of Appeals of Minnesota.

July 9, 2002.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota Public Defender, Charlann E. Winking, Assistant Public Defender, Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, St. Paul, MN; and Terry Viesselman, Martin County Attorney, Michael D. Trushenski, Assistant County Attorney, Fairmont, MN, for respondent.

Considered and decided by RANDALL, Presiding Judge, STONEBURNER, Judge, and HUSPENI, Judge.

OPINION

STONEBURNER, Judge.

Appellant B.N.S. contends that the district court erred as a matter of law by designating the prosecution against him an extended jurisdiction juvenile (EJJ) prosecution because respondent Martin County failed to prove by clear and convincing evidence that an EJJ designation would serve public safety. Because the record does not establish by clear and convincing evidence that an EJJ...

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