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STATE v. SERBUS

A19-1921.

947 N.W.2d 690 (2020)

STATE of Minnesota, Appellant, v. Kevin Russel SERBUS, Respondent.

Court of Appeals of Minnesota.

Filed July 13, 2020.

Attorney(s) appearing for the Case

Keith Ellison , Attorney General, St. Paul, Minnesota; and David Torgelson , Renville County Attorney, Olivia, Minnesota; and Scott A. Hersey , Special Assistant County Attorney, St. Paul, Minnesota (for appellant).

Drake D. Metzger , Metzger Law Firm, L.L.C., Minneapolis, Minnesota (for respondent).

Considered and decided by Reilly, Presiding Judge; Tracy M. Smith, Judge; and Florey, Judge.

OPINION

The state seeks review of the district court's pretrial order dismissing for lack of probable cause a charge against the defendant of carrying a pistol while under the influence of alcohol. The district court concluded that an uncontested fact—that the pistol was located in the center console of the personal...

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