State v. Kalvig

Pee Curiam.

This matter is before this court to review an order dismissing charges of felonious theft against defendant who allegedly fraudulently received welfare payments under the Aid to Families with Dependent Children statutes. The trial court held that the *396prosecution did not have discretion to prosecute defendant for felonious theft under the general theft statute since provisions in the welfare statutes made such alleged acts a misdemeanor. In dismissing the charges, the lower court certified the question to this court as important and doubtful pursuant to Minn. St. 632.10. We affirm.1

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