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STATE OF MINNESOTA IN COURT OF APPEALS A08-0068

State of Minnesota, Respondent, vs. Courtney James Allinder, Appellant.

Filed April 8, 2008 Jurisdiction accepted Toussaint, Chief Judge Kandiyohi County District Court File No. 34-CR-06-2469 Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and Boyd A. Beccue, Kandiyohi County Attorney, 415 Southwest Sixth Street, Post Office Box 1126, Willmar, MN 56201 (for respondent) Todd V. Peterson, 16 Ninth Avenue North, St. Cloud, MN 56303 (for appellant)

Considered and decided by Toussaint, Chief Judge; Willis, Judge; and Shumaker, Judge. SYLLABUS A stay of adjudication imposed for a felony offense is a sentence that the defendant may appeal as of right under Minn. R. Crim. P. 28.02, subd. 2(3).

SPECIAL TERM OPINION TOUSSAINT, Chief Judge The notice of appeal indicated that this appeal was filed from a "sentencing order." Because the statement of the case of appellant Courtney James Allinder revealed that the order stayed adjudication, this court questioned jurisdiction. We conclude that the stay of adjudication is appealable and accept jurisdiction. FACTS Allinder was charged with fifth-degree controlled-substance offense, a felony. At the omnibus hearing, he challenged the warrantless search of a container inside his vehicle. After the district court denied Allinder's motion to suppress, Allinder waived his right to a jury trial and proceeded to a stipulated-facts trial under State v. Lothenbach, 296 N.W.2d 854 (Minn. 1980). The district court found Allinder guilty as charged but stayed the adjudication of conviction under Minn. Stat.

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