State v. Trei

OPINION

SCHUMACHER, Judge

Appellant State of Minnesota challenges the district court’s order dismissing the charge of first-degree assault brought against respondent Jeremiah John Trei. We reverse and remand for trial.

FACTS

On the evening of June 3, 2000, Officer Dennis McKinney of the North Mankato Police Department received a repoi’t that Trei had committed a domestic assault and had stolen a car. McKinney discovered that Trei lived in an apartment building within McKinney’s patrol area. McKinney waited in the parking lot of the apartment complex on the chance that Trei would return to his…