State v. Pettee

OPINION

HARTEN, Judge.

Appellant John Pettee claims that the state impermissibly sought a first degree murder indictment against him after dismissal of a prior indictment charging third degree murder and second degree manslaughter. We affirm.

FACTS

In November 1991, a Hennepin County grand jury considered charges related to the death of Ruth Munden, who died in June 1991. Munden was found naked in bed in her apartment. The medical examiner testified that the probable cause of death was suffocation. Pettee, who lived in the same building as Munden, admitted having had consensual sex with Munden in…