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STATE OF MINNESOTA IN COURT OF APPEALS A08-1754 State of Minnesota, Appellant, vs. James Jay Gradishar, Respondent. Filed June 2, 2009 Reversed and remanded Worke, Judge St. Louis County District Court File No. 69DU-CR-08-3494 Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101; and Gunnar B. Johnson, Duluth City Attorney, Terri L. Lehr, Assistant City Attorney, Room 410 City Hall, 411 West First Street, Duluth, MN 55802 (for appellant) Richard P. Holmstrom, 319 West Superior Street, Suite 202, Duluth, MN 55802 (for respondent) Considered and decided by Hudson, Presiding Judge; Worke, Judge; and Larkin, Judge. SYLLABUS For purposes of Minn. Stat.

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