STATE OF MINNESOTA

IN SUPREME COURT

C9-97-1799

In Re the Welfare of: J.B.A., Child.

O R D E R

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED (1) that the petition of the State of Minnesota for further review of the order of the Court of Appeals filed October 29, 1997, dismissing the state's appeal from an order of the district court continuing a juvenile delinquency petition for dismissal over the protest of the state be, and the same is, granted and (2) that the decision of the court of appeals is reversed and the matter is remanded to the court of appeals for consideration of the appeal on the merits. See State v. Thoma, ___ N.W.2d ___ (Minn., filed Nov. 13, 1997) (affirming decision by court of appeals that orders of district court staying adjudication in criminal cases over the objection of the prosecutor constitute pretrial orders for purpose of determining whether or not the prosecutor may appeal them).

Reversed and remanded to court of appeals for further proceedings.

Dated: December 29, 1997

BY THE COURT:

A.M. Keith
Chief Justice