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STATE v. STROK

No. A10-273.

786 N.W.2d 297 (2010)

STATE of Minnesota, Appellant, v. Evialina STROK, Respondent.

Court of Appeals of Minnesota.

July 20, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Anna Krause Crabb, Rolf A. Sponheim, City of Minnetonka, Minnetonka, MN, for appellant.

Mark D. Nyvold, Special Assistant State Public Defender, St. Paul, MN, for respondent.

Considered and decided by JOHNSON, Presiding Judge; STAUBER, Judge; and WILLIS, Judge.

OPINION

JOHNSON, Judge.

Evialina Strok was charged with gross-misdemeanor theft after she was observed stealing clothing from a department store. Before trial, the district court, over the state's objection, continued the case for dismissal for one year. The state appeals. We conclude that the district court erred by continuing the case for dismissal over the prosecutor's objection without finding that the prosecutor...

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