STATE v. GRADISHAR

No. A08-1754.

765 N.W.2d 901 (2009)

STATE of Minnesota, Appellant, v. James Jay GRADISHAR, Respondent.

Court of Appeals of Minnesota.

June 2, 2009.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul; and Gunnar B. Johnson, Duluth City Attorney, Terri L. Lehr, Assistant City Attorney, Duluth, for appellant.

Richard P. Holmstrom, Duluth, for respondent.

Considered and decided by HUDSON, Presiding Judge; WORKE, Judge; and LARKIN, Judge.


OPINION

WORKE, Judge.

On appeal from the pretrial dismissal of a charge of carrying a firearm in a public place while under the influence of alcohol, in violation of Minn.Stat. § 624.7142 (2006), the state argues that the district court erred in defining "public place" to exclude a place of business owned and managed by the charged person. We reverse and remand.

FACTS

Respondent James Jay...

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