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STATE v. DYBEVIK

No. 44911.

226 N.W.2d 321 (1975)

STATE of Minnesota, Respondent, v. Roger DYBEVIK, Appellant.

Supreme Court of Minnesota.

February 14, 1975.

Attorney(s) appearing for the Case

Norton, Jergens, Hebert & Cass, and J. E. Cass, Stillwater, for appellant.

R. Scott Davies, City Atty., A. Keith Hanzel and Phillip B. Byrne, Asst. City Attys., St. Paul, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Defendant contends on this appeal from judgment of conviction that the prosecution which resulted in his conviction of driving with .10 percent or more by weight of alcohol in his blood, Minn.St. 169.121, subd. 1(d), was barred by the double jeopardy provisions of the United States and Minnesota Constitutions. Defendant bases this contention upon the fact that the first trial on this charge (along with a charge of driving

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