State v. Franson

RANDALL, Judge (dissenting)

I respectfully dissent.

The facts and reasoning in this case are similar to this court's prior unpublished decisions in State v. Jones , No. A17-0632, 2018 WL 1145861 (Minn. App. Mar. 5, 2018), and State v. Carlson , No. A18-0144, 2018 WL 4391101 (Minn. App. Sept. 17, 2018). These decisions are not precedential. Minn. Stat. § 480A.08, subd. 3 (2016). But I find their reasoning persuasive, logical, and a fit on the facts and I would follow them. See State v. Roy , 761 N.W.2d 883, 888 (Minn. App. 2009) (acknowledging that prior unpublished opinion was not precedential,…