Minnesota Supreme Court, 1980

State v. Olson

Minnesota Supreme Court · Decided June 12, 1980 · Sheran

294 N.W.2d 320; 1980 Minn. LEXIS 1455 (North Western Reporter, Second Series)

Counsel

Warren Spannaus, Atty. Gen., St. Paul, James R. Clifford, County Atty., and Steven A. Sicheneder, Asst. County Atty., Center City, for appellant., Jeffrey R. Anderson, St. Paul, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 2002, among the opinions in this site’s citation index.

Cites Minnesota statutes amended since this decision

Minn. Stat. § 609.035 — amended 1983

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Minnesota statutes cited

Sections of the Minnesota Statutes this opinion cites.

Minn. Stat. § 609.035

Cases that cite this one

5 later published cases cite this decision.

State v. Tschida (Minn. Ct. App. 2002)
State v. Schubring (Minn. Ct. App. 1988)
State v. Batzer Construction Co. (Minn. Ct. App. 1989)
State v. Keith (Minn. 1982)
State v. Weber (Minn. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

SHERAN, Chief Justice.

This is an appeal by the state, pursuant to R. 29.03, R.Crim.P., from an order of the Chisago County District Court, which dismissed the prosecution of defendant for assault with a dangerous weapon, reckless driving, and failure to yield to an emergency vehicle. The district court dismissed the prosecution because defendant already had been convicted in Washington County for an offense which the court concluded arose from the same behavioral incident. The court therefore reasoned that this prosecution was barred by Minn.Stat. § 609.035 (1978), which prohibits multiple punishment or serialized prosecution of a defendant for multiple offenses arising from the same behavioral incident. We do not decide the issue raised by the appeal. The state’s brief was not filed with this court until May 16, 1980, the day after the 15-day time limit established by R. 29.03, subd. 2(5), R.Crim.P., on the filing of the appellant’s brief. As we stated in State v. Schroeder, 292 N.W.2d 758, (Minn. 1980) generally we will dismiss the state’s appeal in such a situation, absent special circumstances. Here, as there, no special circumstances appear which would justify exercise of our appellate jurisdiction.

Dismissed. Pursuant to R. 29.03, subd. 2(8), R.Crim.P., defendant is awarded attorneys fees in the amount of $400.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.