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STATE v. BARRETT

No. A04-29.

694 N.W.2d 783 (2005)

STATE of Minnesota, Respondent, v. Kevin Ross BARRETT, Appellant.

Supreme Court of Minnesota.

April 21, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, Jeffrey R. Edblad, Isanti County Attorney, Thad N. Tudor, Assistant Isanti County Attorney, Cambridge, MN, for Respondent.

John Stuart, State Public Defender, Lawrence Hammerling, Assistant Public Defender, Minneapolis, MN, for Appellant.

Heard, considered and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Justice.

In this case, we conclude that failure to serve notice of appeal upon the State Public Defender, as required by Minnesota Rules of Criminal Procedure 28.04, subd. 2(2), deprives the court of appeals of jurisdiction over a prosecuting attorney's pretrial appeal. We reverse the decision of the court of appeals to the contrary and remand to the district court for entry of judgment dismissing the complaint.

Appellant...

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