State v. Keith

SCOTT, Justice.

This is an appeal by the Scott County Attorney pursuant to Minn.R.Crim.P. 29.03 from a pretrial order of the district court in a gross misdemeanor prosecution of defendant for violating Minn.Stat. § 169.121, subds. 1(a) and 3(a), as amended by Act of March 19, 1982, ch. 423, 1982 Minn.Laws 288. The order removes the county attorney from the case and remands the matter to the city attorney for the City of Shako-pee for prosecution. The issue raised by the appeal is whether only the city attorney generally shall prosecute the gross-misdemeanor violations of section 169.121. This…