State v. Fleck

This is an appeal brought by the prosecution pursuant to Rule 29.03, subd. 1, Rules of Criminal Procedure, from an order of the district court dismissing on its own motion incest charges contained in amended complaints charging defendant with incest and first-degree criminal sexual conduct, Minn.St. 609.342(a) and 609.365. We dismiss the appeal as being from a nonappeal able order under Rule 29.03, subd. 1, Rules of Criminal Procedure.

Minn.St. 631.21 reads as follows:

“The court may, either of its own motion or upon the application of the prosecuting officer, and in furtherance of justice,…