State v. Batzer Construction Co.

SPECIAL TERM OPINION

PARKER, Judge.

FACTS

Defendants seek review of a probation revocation order. They timely filed notices of appeal and motions for clarification of the briefing schedule, but did not submit their briefs on the merits. The state moves to dismiss.

DECISION

An appeal from a probation revocation order is taken “according to the procedure provided for appeal from a sentence by Rule 28.05.” Minn.R.Crim.P. 27.04, subd. 3(5). The clerk of the appellate courts “shall not accept a notice of appeal from sentence unless accompanied by” a brief on the merits and proof of service upon…