State v. DORCY

SPECIAL TERM OPINION

TOUSSAINT, Chief Judge.

Respondent Robert John Dorcy, Jr. has filed a motion to dismiss this prosecution pretrial appeal because the appellant State of Minnesota failed to timely serve its notice of appeal on the state public defenders office (SPDO), as required by Minn. R.Crim. P. 28.02, subd. 2(2), (8). We grant the motion and dismiss the appeal.

FACTS

The district court filed an order on October 13, 2009, suppressing testimony from the state’s sole witness for Brady violations and dismissing the two gross misdemeanor driving while impaired (DWI) charges against respondent.…