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STATE v. DORCY

No. A09-1930.

778 N.W.2d 374 (2010)

STATE of Minnesota, Appellant, v. Robert John DORCY, Jr., Respondent.

Court of Appeals of Minnesota.

February 9, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Thomas N. Kelly, Wright County Attorney, Aaron D. Duis, Assistant County Attorney, Buffalo, MN, for appellant.

Thomas H. Shiah, Law Office of Thomas H. Shiah, Minneapolis, MN, for respondent.

Considered and decided by TOUSSAINT, Chief Judge; KLAPHAKE, Judge; and BJORKMAN, Judge.

SPECIAL TERM OPINION

TOUSSAINT, Chief Judge.

Respondent Robert John Dorcy, Jr. has filed a motion to dismiss this prosecution pretrial appeal because the appellant State of Minnesota failed to timely serve its notice of appeal on the state public defenders office (SPDO), as required by Minn. R.Crim. P. 28.02, subd. 2(2), (8). We grant the motion and dismiss the appeal.

FACTS

The district court filed an order on October 13, 2009, suppressing...

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