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STATE v. VON BANK

No. C3-83-1268.

341 N.W.2d 894 (1984)

STATE of Minnesota, Appellant, v. Linda Marie VON BANK, Respondent.

Court of Appeals of Minnesota.

January 4, 1984.

Attorney(s) appearing for the Case

R. Kathleen Morris, Scott County Atty., Shakopee, for appellant.

Dennis P. Moriarty, Shakopee, for respondent.

Considered and decided by POPOVICH, C.J., and FOLEY and SEDGWICK, JJ., with oral argument waived.

OPINION

SEDGWICK, Judge.

This is an appeal by the state from the pre-trial order of Scott County District Court suppressing the admission of defendant's breath test from trial, for violation of Minn.Stat. §§ 169.121, subd. 1(a) & (d) (1982). Defendant agreed to submit to a breath test after being read the standard implied consent advisory. The trial court suppressed the results of this test when it concluded that defendant's right to counsel...

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