STATE OF MINNESOTA

IN COURT OF APPEALS

A05-782

A05-883

State of Minnesota,

Respondent,

v.

Brian Lee Maley,

Appellant.

Filed May 9, 2006

Reversed and remanded

Ross, Judge

Norman County District Court

File No. K9-03-336

Mike Hatch, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101; and

Thomas S. Opheim, Norman County Attorney, Rebecca A. Trapp, Assistant Norman County Attorney, 318 East Main Street, Ada, MN 56510 (for respondent)

John M. Stuart, State Public Defender, F. Richard Gallo, Jr., Assistant State Public Defender, 2221 University Avenue Southeast, Suite 425, Minneapolis, MN 55414 (for appellant)

Considered and decided by Randall, Presiding Judge; Minge, Judge; and Ross, Judge.

S Y L L A B U S

A defendant