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STATE v. MALETICH

No. C1-85-1922.

384 N.W.2d 586 (1986)

STATE of Minnesota, Appellant, v. Michael Dennis MALETICH, Respondent.

Court of Appeals of Minnesota.

April 8, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael L. Samuelson, Asst. City Atty., St. Cloud, for appellant.

John T. Lund, St. Cloud, for respondent.

Heard, considered and decided by NIERENGARTEN, P.J., and FORSBERG and LESLIE, JJ.

OPINION

NIERENGARTEN, Judge.

This is a pretrial appeal by the State seeking review of an order of the district court dismissing misdemeanor DWI charges against respondent Michael Maletich based on a lack of probable cause to believe that Maletich was in physical control of his vehicle. We reverse and remand for trial.

FACTS

At approximately 2:40 a.m. a St. Cloud police officer went to an apartment complex to investigate a report that a...

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