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State v. Colby

March 18, 2003

STATE OF MINNESOTA, APPELLANT,
v.
LEANN MARIE COLBY, RESPONDENT.



Clay County District Court File No. T7024343

Considered and decided by Schumacher, Presiding Judge, Willis, Judge, and Anderson, Judge.

SYLLABUS BY THE COURT

A district court may stay adjudication only when there is a clear abuse of prosecutorial discretion in the exercise of the charging function.

The opinion of the court was delivered by: Willis, Judge

Reversed and remanded

Concurring specially, Anderson, Judge

OPINION

Appellant challenges the district court's stay of adjudication, arguing that there was not a clear abuse of prosecutorial discretion that warranted the stay. Because a stay of adjudication may only be granted when there is a clear abuse of prosecutorial discretion, and because there is no evidence of such an abuse here, we reverse and remand.

FACTS

Respondent Leann Marie Colby was charged with theft under Minn. Stat. §á609.52 (2000). Colby left a Target store with candy worth $27, for which she had not paid. At a plea hearing on the charge, Colby told the court that she had no criminal record and that she intended to plead guilty but was concerned that a theft conviction would prevent her from attending nursing school. The district court stayed adjudication. The state moved for reconsideration, and the district court denied the motion. This appeal follows.

ISSUE

Did the district court err by staying adjudication in the absence of a clear abuse of prosecutorial discretion in the charging function?

ANALYSIS

A district ...


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