State v. Foss

ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the decision of the court of appeals filed August 27, 1996 be, and the same is, reversed and the matter is remanded to the district court for further proceedings. See State v. Foss, 554 N.W.2d 82 (Minn.App.1996).

The issue on this appeal is whether the trial court, in staying adjudication for fifth-degree assault over the prosecutor’s objection, misinterpreted our recent decision in State v. Krotzer, 548 N.W.2d 252 (Minn. 1996). Generally, a prosecutor has broad discretion in the exercise of the charging…