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STATE v. WHITLEY

No. C0-02-623.

649 N.W.2d 180 (2002)

STATE of Minnesota, Appellant, v. Dennis Lee WHITLEY, Jr., Respondent.

Court of Appeals of Minnesota.

August 6, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and Amy Klobuchar, Hennepin County Attorney, Jean E. Burdorf, Assistant County Attorney, Minneapolis, for appellant.

Leonardo Castro, Hennepin County Public Defender, Melissa A. Haley, Assistant Public Defender, Minneapolis, for respondent.

Considered and decided by ANDERSON, Presiding Judge, LANSING, Judge, and KALITOWSKI, Judge.

OPINION

G. BARRY ANDERSON, Judge.

The state charged respondent with fourth-degree criminal sexual conduct and failure to register as a predatory sex offender. The district court dismissed the charge of fourth-degree criminal sexual conduct because it concluded the complaint lacked probable cause based on its interpretation of the definition of "force" in the criminal-sexual-conduct statute. The state requested leave to amend the complaint and filed an amended...

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