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STATE v. McKINNEY

No. A13-1720.

840 N.W.2d 429 (2013)

STATE of Minnesota, Appellant, v. Marcus DeAngelo McKINNEY, Respondent.

Court of Appeals of Minnesota.

December 9, 2013.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and John J. Choi , Ramsey County Attorney, Laura Rosenthal , Assistant County Attorney, St. Paul, MN, for appellant.

Cathryn Middlebrook , Interim Chief Appellate Public Defender, Erik I. Withall , Assistant Public Defender, St. Paul, MN, for respondent.

Considered and decided by JOHNSON, Presiding Judge; ROSS, Judge; and CHUTICH, Judge.

SPECIAL TERM OPINION

JOHNSON, Judge.

Marcus DeAngelo McKinney pleaded guilty to domestic assault by strangulation and received a stayed sentence of 21 months of imprisonment. The state appealed from the sentence. McKinney moves to dismiss the appeal on the ground that it is untimely. We conclude that the state failed to timely serve the notice of appeal on the state public defender and, therefore, grant the motion to dismiss the appeal.

The state...

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