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STATE v. PETERSEN

No. 03-0912.

678 N.W.2d 611 (2004)

STATE of Iowa, Appellant, v. Kris Eugene PETERSEN, Appellee.

Supreme Court of Iowa.

April 7, 2004.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, and Marci Prier, County Attorney, for appellant.

Joseph J. Hrvol, Council Bluffs, for appellee.

WIGGINS, Justice.

The State filed a complaint charging Kris Petersen with assault with intent to commit sexual abuse. Petersen moved to dismiss the charge alleging the complaint and affidavit failed to establish probable cause that a crime was committed. Before the district court held a hearing on Petersen's motion, the court approved and the State filed the trial information. After the State filed the trial information, the district

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