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STATE v. WICKS

Nos. 47335-47340 and 47455.

258 N.W.2d 598 (1977)

STATE of Minnesota, Appellant, v. William Charles WICKS (47335), Respondent, Grant Virgil Guerri (47336), Respondent, Jerry Ewald Karger (47337), Respondent, Richard Eugene Koenig (47338), Respondent, Dennis Carl Swanson (47339), Respondent, Scott Glen Davis (47340), Respondent. STATE of Minnesota, Plaintiff, v. Larry William THORSON (47455) Defendant.

Supreme Court of Minnesota.

September 16, 1977.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Chief, Appellate Division, David W. Larson and Phebe S. Haugen, Asst. County Attys., and Lee Barry, Law Clerk, Minneapolis, for appellant.

Robert W. Johnson, County Atty., Dan M. Kammeyer, Asst. County Atty., Anoka, for plaintiff.

Joseph Kaminsky, Minneapolis, for Wicks and Guerri.

Richard E. Olson, Minneapolis, for Karger.

William R. Kennedy, Hennepin County Public Defender, Kevin Johnson, Asst. Public Defender, Minneapolis, for Koenig.

William R. Kennedy, Hennepin County Public Defender, E. George Widseth, Asst. Public Defender, for Swanson.

William R. Kennedy, Hennepin County Public Defender, Barbara J. Britt, Asst. Public Defender, for Davis.

Craig D. Larson, Champlin, for Thorson.

Warren Spannaus, Atty. Gen., Robert W. Johnson, County Atty., and Dan M. Kammeyer, Asst. County Atty., for respondent state.

Heard before PETERSON, MacLAUGHLIN, and PLUNKETT, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

These seven consolidated appeals present a single issue of statutory construction. Defendants were each charged with violation of the so-called Aggravated Violations Statute, Minn.St. 171.245, which makes it a gross misdemeanor to operate a motor vehicle while under the influence of alcohol and "while the driver's license or driver's privilege is cancelled, suspended or revoked * * * because of the operation of a motor vehicle while the person was...

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