STATE v. KURZ

No. A03-1747.

685 N.W.2d 447 (2004)

STATE of Minnesota, Respondent, v. Kevin Paul KURZ, Appellant.

Court of Appeals of Minnesota.

August 17, 2004.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Patrick W. Flanagan, Mower County Attorney, Jeremy Clinefelter, Assistant County Attorney, Austin, MN, for respondent.

John M. Stuart, State Public Defender, Susan J. Andrews, Assistant Public Defender, Minneapolis, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; TOUSSAINT, Chief Judge; and STONEBURNER, Judge.


OPINION

MINGE, Judge.

Appellant argues that the district court erred in denying his motion to dismiss the charges against him on the ground that, under the Uniform Mandatory Disposition of Detainers Act, the time to prosecute him had expired and the court no longer had jurisdiction. Because the six-month period for prosecution under the Act was tolled by appellant's earlier motion to dismiss for lack of probable cause, we affirm.

FACTS

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