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STATE v. ANDOW

No. C1-85-219.

372 N.W.2d 747 (1985)

STATE of Minnesota, Appellant, v. Deborah Kaye ANDOW, Respondent.

Court of Appeals of Minnesota.

Review Denied October 11, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Raymond F. Schmitz, Olmsted Co. Atty., Michael S. Husby, Asst. Co. Atty., Rochester, for appellant.

George R. Kerr, Jeff David Bagniefski, Schacht & Kerr, Rochester, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

This is an appeal by the State pursuant to Minn.R.Crim.P. 28.04 of an order dismissing felony deprivation of custodial or parental rights charges against respondent Deborah Kaye Andow. On appeal, the State's primary argument is that Andow did not voluntarily return a child she had abducted where she was apprehended by law enforcement officials. We affirm.

FACTS

On July 25, 1984, custody of 22-monthold Jessica...

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