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STATE v. FABER

No. CX-83-246.

343 N.W.2d 659 (1984)

STATE of Minnesota, Respondent, v. Kevin Dean FABER, Appellant.

Supreme Court of Minnesota.

February 10, 1984.

Attorney(s) appearing for the Case

Robert J. Zohlmann, Zohlmann & Weil, Willmar, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., David L. Valentini, Sp. Asst. Attys. Gen., St. Paul, Michael Lynch, Kandiyohi County Atty., Willmar, for respondent.

Considered and decided by the court en banc without oral argument.

YETKA, Justice.

This is an appeal from a judgment of conviction of the gross misdemeanor offense of aggravated driving while under the influence of alcohol in violation of Minn.Stat. § 169.121, subd. 1 (1982). The conviction was based on a conditional guilty plea, which reserved defendant's right to appeal the denial of his motion to suppress his blood test results on fourth amendment grounds.

As we held in State v. Lothenbach,

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