State v. Colby

OPINION

WILLIS, Judge.

Appellant challenges the district court’s stay of adjudication, arguing that there was not a clear abuse of prosecutorial discretion that warranted the stay. Because a stay of adjudication may only be granted when there is a clear abuse of prosecutorial discretion, and because there is no evidence of such an abuse here, we reverse and remand.

FACTS

Respondent Leann Marie Colby was charged with theft under Minn.Stat. § 609.52 (2000). Colby left a Target store with candy worth $27, for which she had not paid. At a plea hearing on the charge, Colby told the court that she had…