Opinion
No. 81-1053.
December 15, 1981.
Appeal from the District Court, Redwood County, Wayne Farnberg, J.
Warren Spannaus, Atty. Gen., St. Paul, Raymond O. Walz, County Atty., Redwood Falls, for appellant.
George I. Harrelson, Marshall, for respondent.
Considered and decided by the court en banc without oral argument.
This is an appeal by the state pursuant to Minn.R.Crim.P. 29.03, subd. 1. The appeal is from an order of the district court which dismissed a prosecution of defendant for violating Minn.Stat. § 340.73, subd. 1 (1980) (sale of liquor to a person under 19 years of age) on the ground that she was entrapped by the police. The issue raised by the appeal is whether the trial court, acting as factfinder on the entrapment defense pursuant to an election made by defendant, erred in finding and concluding that defendant was entrapped. We dismiss the appeal because of the state's failure to comply with the time requirement of Minn.R.Crim.P. 29.03, subd. 2(5), for filing an appellant's brief. As stated in State v. Olson, 294 N.W.2d 320, 321 (Minn. 1980), "[G]enerally we will dismiss the state's appeal in such a situation, absent special circumstances." See also State v. Schroeder, 292 N.W.2d 758 (Minn. 1980).
Appeal dismissed.