¶1ORDER
¶2WHEREAS, by order of this court filed on February 17, 1988, the petition of the State of Minnesota for further review of a decision of the Court of Appeals was granted; and
¶3WHEREAS, upon further consideration, it now appears that the petition was improvidently granted;
¶4IT IS HEREBY ORDERED that the appeal of the State of Minnesota, and the *866cross petition of Seldon Formo, be, and the same are dismissed.