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STATE v. COUGHLIN

No. A07-239.

731 N.W.2d 862 (2007)

STATE of Minnesota, Appellant, v. David Francis COUGHLIN, Respondent.

Court of Appeals of Minnesota.

May 22, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Peter R. Marker, Assistant Attorney General, St. Paul, MN, and Douglas L. Ruth, Steele County Attorney, Owatonna, MN, for appellant.

Mary M. McMahon, McMahon & Associates Criminal Defense, Ltd., Roseville, MN, for respondent.

Considered and decided by RANDALL, Presiding Judge; WRIGHT, Judge; and HARTEN, Judge.

OPINION

HARTEN, Judge.*

The district court dismissed all criminal charges against respondent under Minn. R.Crim. P. 20.01, subd. 6, because the state did not file a notice of intent to prosecute within three years of the initial finding of respondent's incompetency. Appellant State of Minnesota challenges the dismissal. Because we conclude that the dismissal was an error of law, we reverse and remand.

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