STATE v. LEE

No. A04-1402.

706 N.W.2d 491 (2005)

STATE of Minnesota, Appellant, v. Dennis Gordon LEE, Respondent.

Supreme Court of Minnesota.

December 8, 2005.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Thomas R. Ragatz, Asst. Attorney General, St. Paul, MN, Gaylord Saetre, Todd County Attorney, Joe E. Judd, Asst. Todd County Attorney, Long Prairie, MN, for appellant.

Robert E. Pottratz, Melrose, MN, for respondent.

Susan L. Naughton, St. Paul, MN, for amicus curiae League of Minnesota Cities.

Heard, considered, and decided by the court en banc.


OPINION

MEYER, Justice.

This case concerns the state's right to appeal from an order for a stay of adjudication on misdemeanor charges, entered by the district court over the objection of the state. The court of appeals rejected the state's appeal, specifically concluding that an order for a stay of adjudication that includes jail time to be served is a sentence and a misdemeanor sentence is not appealable under Minn. R.Crim. P. 28.04. State v. Lee,<...

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