State v. Schubring

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Appellant filed an appeal from a pretrial order suppressing evidence in a DWI prosecution. On July 21,1988, the hearing transcript requested by the prosecutor was filed in the trial court, according to the certificate of transcript delivery filed with the office of appellate courts.

Appellant filed its brief on August 17, 1988. Respondent Schubring, along with his brief, filed a motion to dismiss the appeal, claiming that appellant’s brief was not timely filed. Appellant has not responded to the motion.

DECISION

Minn.R.Crim.P. 28.04, subd. 2(3)…