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C9-96-1064, In the Matter of the Welfare of: M.A.R., Minor.
State: Minnesota
Court: Eighth Circuit Court of Appeals Clerk
Docket No: C9-96-1064
Case Date: 01/21/1997
Preview:In the Matter of the Welfare of: M.A.R., Minor. C9-96-1064, Court of Appeals Published, January 21, 1997.
STATE OF MINNESOTA
IN COURT OF APPEALS
C9-96-1064

In the Matter of the Welfare of:
M.A.R., Minor.

Filed January 21, 1997
Reversed and remanded
Klaphake, Judge

Scott County District Court
File No. 95-1545

Hubert H. Humphrey, III, Attorney General, 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; Thomas J. Harbinson, Scott County Attorney, Peggy Flaig Hellier, Dean G. Gavin, Assistant Scott County Attorneys, 206 Scott County Courthouse, 428 South Holmes Street, Shakopee, MN 55379 (for Appellant State of Minnesota)
John M. Stuart, State Public Defender, 2829 University Avenue S.E., Suite 600, Minneapolis, MN 55414; Michael W. McDonald, First District Public Defender, 16670 Franklin Trail SE, Suite 250, Prior Lake, MN 55372 (for Respondent M.A.R.)
Considered and decided by Schumacher, Presiding Judge, Klaphake, Judge, and Amundson, Judge.
S Y L L A B U S
When a Minnesota statute and a rule of juvenile procedure both provide that a district court may withhold adjudication of delinquency for a total period not to exceed 180 days, the district court has no authority to extend that period.

O P I N I O N


KLAPHAKE, Judge
After a probation revocation hearing, the district court stayed respondent M.A.R.'s adjudication of delinquency for a second 180-day period. The state appeals, claiming that the court's decision violates Minn. Stat.
Download c9961064.pdf

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