State v. Chamberlain

OPINION

FORSBERG, Judge.

This is an appeal by the State from an order dismissing a gross misdemeanor complaint for failure to timely file a complaint, barring further prosecution. We affirm.

FACTS

Chamberlain was stopped on December 15, 1984, and arrested for DWI, a gross misdemeanor in her case since she had a prior conviction within 5 years. Minn.Stat. § 169.121, subd. 3(a) (1984). She was booked and released and given a court appearance date of January 3, 1985.

Chamberlain appeared on that date but there was no complaint. The prosecutor stated he had not received a police report, Chamberlain…