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STATE v. SIME

No. A03-279.

669 N.W.2d 922 (2003)

STATE of Minnesota, Appellant, v. David Scott SIME, Respondent.

Court of Appeals of Minnesota.

October 21, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Robin W. Finke, Swift County Attorney, Benson, MN, for appellant.

Gregory R. Anderson, Timothy J. Simonson, Anderson Larson Hanson & Saunders, P.L.L.P., Willmar, MN, for respondent.

Considered and decided by HARTEN, Presiding Judge, ANDERSON, Judge, and WRIGHT, Judge.

OPINION

WRIGHT, Judge.

Appellant State of Minnesota challenges the district court's order dismissing a complaint alleging two counts of criminal sexual conduct in the second degree for lack of probable cause. Because we conclude that the district court (1) abused its discretion when, after granting a continuance of the probable-cause hearing to permit the state to present testimony from out-of-state witnesses on the issue of probable cause, it dismissed...

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