State of Minnesota v. Jeffrey Bruce Martin

OPINION

JOHNSON, Judge.

Jeffrey Bruce Martin pleaded guilty to the misdemeanor offense of engaging in prostitution. The district court stayed the imposition of a sentence and placed Martin on probation. Over the state’s objection, the district court also stated its intention to vacate Martin’s plea and to dismiss the charge at a later date if Martin successfully completes probation. The state appeals. We conclude that the district court erred because it did not find that the prosecutor committed a clear abuse of discretion in the exercise of the charging function. Therefore, we reverse and…