State v. Viergutz

SHERAN, Chief Justice.

This is a pretrial appeal by the state, pursuant to R. 29.03, subd. 1, R.Crim.P., from an order of the district court dismissing an amended complaint in a felony prosecution. The issue on appeal focuses on the meaning of R. 17.06, subd. 4(3), R.Crim.P., re the appropriate procedures a prosecutor must follow in order to file an amended complaint when the original complaint is dismissed for lack of probable cause. The district court held that when a complaint is dismissed for lack of probable cause and the state, not needing to rely on any newly discovered evidence, wants…