State v. Kleen

The opinion of the court was delivered by

Davis, J.:

The question raised by this appeal is whether the State is entitled to a de novo preliminaiy hearing before a district judge upon appeal from a dismissal of charges by a district magistrate judge at the conclusion of a prehminary hearing. The State appeals from a district judge’s order dismissing the State’s appeal from the district magistrate judge’s finding of no probable cause and dis missal of charges against the defendant. The State contends that it was entitled to a de novo hearing on appeal to the district judge. We disagree and affirm.