court’s order reviewing and modifying an executed non-felony sentence? ANALYSIS The state may appeal “from any sentence imposed or stayed by the district court according to the rules of criminal procedure.” Minn.Stat. § 244.11, subd. 1 (2000). Minnesota Rule of Criminal Procedure 28.04, subd. 1(2), 3 provides the state with the right to appeal “in felony cases from any sentence imposed or stayed by the trial court” or “in any case, from an order granting postconviction relief under MinmStat. ch. 590.” The rule does not give the state the right to appeal from a trial court’s order involving a gross-misdemeanor sentence, and there is no judicial precedent that gives the state greater rights for appeal than those stated in the rule. Cf. State v. Whitledge, 500 N.W.2d 488, 489 (Minn.1993) (<HOLDING>). Although the state does not dispute the
holding that exclusionary rule to be applied as a matter of state law is no broader than the federal rule holding that the supreme court explicitly recognized the constitutional right to privacy in whalen v roe holding that rule stating defendants right to appeal felony sentence did not take away broader rights of review recognized by the supreme court before adoption of the rule holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence recognizing rule