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STATE v. PRIOR

No. C1-84-1053.

356 N.W.2d 754 (1984)

STATE of Minnesota, Respondent, v. David Michael PRIOR, Appellant.

Court of Appeals of Minnesota.

October 23, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Ross E. Arneson, Asst. Blue Earth County Atty., Mankato, for respondent.

James H. Manahan, Manahan & Partridge, Mankato, for appellant.

Considered and decided by POPOVICH, C.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

Appellant David Prior was convicted of misdemeanor DWI. On appeal he claims the evidence was insufficient to support the finding that he was in physical control of his vehicle because he claims that he changed places just before the officer approached his car and that he was merely the passenger. We affirm.

FACTS

On January 25, 1984, Blue Earth County Deputy Patrick Gemlo...

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