Our client had been charged with Misdemeanor Indecent Exposure. Over the government’s objection, the judge DISMISSED the case in the interests of justice under Minn. Stat. § 631.21, which states in relevant part:
The court may order a criminal action, whether prosecuted upon indictment or complaint, to be dismissed. The court may order dismissal of an action either on its own motion or upon motion of the prosecuting attorney and in furtherance of justice. If the court dismisses an action, the reasons for the dismissal must be set forth in the order and entered upon the minutes. . . .
The government CANNOT appeal this Order under Minnesota Rule of Criminal Procedure 28.04, subdivision 1(1), which states in relevant part:
The prosecutor may appeal as of right to the Court of Appeals: (1) in any case, from any pretrial order, including probable cause dismissal orders based on questions of law. But a pretrial order cannot be appealed . . . if the court dismissed a complaint under Minnesota Statutes, section 631.21.
A complete win.
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