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STATE v. COLBY

No. C1-02-1795.

657 N.W.2d 897 (2003)

STATE of Minnesota, Appellant, v. Leann Marie COLBY, Respondent.

Court of Appeals of Minnesota.

March 18, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Lisa N. Borgen, Clay County Attorney, Pamela Harris, Assistant County Attorney, Moorhead, MN, for appellant.

Tami Norgard, Fargo, ND, for respondent.

Considered and decided by SCHUMACHER, Presiding Judge, WILLIS, Judge, and G. BARRY ANDERSON, Judge.

OPINION

WILLIS, Judge.

Appellant challenges the district court's stay of adjudication, arguing that there was not a clear abuse of prosecutorial discretion that warranted the stay. Because a stay of adjudication may only be granted when there is a clear abuse of prosecutorial discretion, and because there is no evidence of such an abuse here, we reverse and remand.

FACTS

Respondent Leann Marie Colby was charged with theft under Minn.Stat...

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