Legal Opinion

State v. Defatte

Court of Appeals of Minnesota

Decided November 19, 2018No. A18-0881PublishedCited by 1 opinion

1Opinion of the CourtFlorey, Judge

The state appeals a pretrial order dismissing two felony domestic-assault charges against respondent for lack of probable cause. The district court dismissed the felony charges on the ground that the two prior domestic-violence-related offenses used to enhance the charges to felonies arose from a single behavioral incident and so could not be treated as separate convictions for enhancement purposes. Because the plain language of Minn. Stat. § 609.2242, subd. 4, requires no such limitation, we reverse and remand.

FACTS

Respondent John Wesley Defatte was arrested on March 11, 2018, after law…

2Cases cited11 opinions

  1. State v. JohnsonSupreme Court of Minnesota · 1966
  2. State v. ThonesavanhSupreme Court of Minnesota · 2017
  3. State of Minnesota v. Brandon Wayne RiggsSupreme Court of Minnesota · 2015
  4. State v. NelsonSupreme Court of Minnesota · 2014
  5. Dynamic Air, Inc. v. BlochCourt of Appeals of Minnesota · 1993

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3Cited by1 opinion

  1. State v. DefatteSupreme Court of Minnesota · 2019

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