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STATE v. BORG

No. A09-1921.

834 N.W.2d 194 (2013)

STATE of Minnesota, Appellant, v. Brett David BORG, Respondent.

Supreme Court of Minnesota.

July 31, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, MN, Jan Jude , Mille Lacs County Attorney, Tara C. Ferguson Lopez , Assistant County Attorney, Milaca, Minnesota, for appellant.

David W. Merchant , Chief Appellate Public Defender, Michael W. Kunkel , Assistant State Public Defender, Saint Paul, Minnesota, for respondent.

Kelly O'Neill Moller , Executive Director, Minnesota Alliance on Crime, Saint Paul, Minnesota, for amicus curiae Minnesota Alliance on Crime.

OPINION

PAGE, Justice.

This appeal by appellant State of Minnesota presents the question of whether the State is entitled to appellate review of an order amending the restitution portion of a sentence when the notice of appeal is filed more than 90 days after entry of the order initially imposing sentence, but within 90 days after the entry of the amended sentencing order. In September 2008, a jury found respondent Brett David Borg guilty of third-degree...

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