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STATE OF MINNESOTA IN COURT OF APPEALS A07-2323 State of Minnesota, Plaintiff, vs. Harold Glenn Linville, Jr., Defendant. Filed September 2, 2008 Certified question answered in the affirmative Harten, Judge Dakota County District Court File No. K9-07-1667 Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101; and James C. Backstrom, Dakota County Attorney, Nicole E. Nee, Assistant County Attorney, 1560 West Highway 55, Hastings, MN 55033 (for plaintiff) Rodd A. Tschida, 401 North Third Street, Suite 415, Minneapolis, MN 55401 (for defendant) Considered and decided by Ross, Presiding Judge; Johnson, Judge; and Harten, Judge. SYLLABUS If an individual arraigned on a charge of possession of firearms by an ineligible person moves successfully for dismissal of that charge under Whitten v. State, 690 N.W.2d 561 (Minn. App. 2005), the arraignment on the first charge precludes the


Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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