Matter of Beard

OPINION

POPOVICH, Chief Judge.

Appellant was charged with four counts of assault stemming from the stabbing of two University of Minnesota police officers on August 27, 1985. Following court-ordered examinations, appellant was referred to the mental health division for commitment proceedings pursuant to Minn.R. Crim.P. 20.01, subd. 4(2)(a).

At the close of petitioner’s case, before the examiner had testified, appellant moved to dismiss for failure to establish a prima facie case of mental illness. The motion was denied and the examiner was permitted to testify. Petitioner was permitted to reopen…