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STATE OF MINNESOTA IN COURT OF APPEALS A08-1466

State of Minnesota, Appellant, vs. Derrik Leon Jiles, Respondent.

Filed June 23, 2009 Reversed and remanded Toussaint, Chief Judge Dakota County District Court File No. 19-K2-07-000621

Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and James C. Backstrom, Dakota County Attorney, Kevin J. Golden, Assistant County Attorney, Dakota County Judicial Center, 1560 Highway 55, Hastings, MN 55033 (for appellant) Lawrence Hammerling, Chief Appellate Public Defender, Ngoc Lan Nguyen, Assistant Public Defender, 540 Fairview Avenue North, Suite 300, St. Paul, MN 55104; and Laura K. Valentine, Valentine Law Office P.C., 350 West Burnsville Parkway, Suite 500, Burnsville, MN 55337 (for respondent)

Considered and decided by Toussaint, Chief Judge; Hudson, Judge; and Harten, Judge.

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

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Minnesota Law