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STATE, CITY OF FALCON HEIGHTS v. PAZDERSKI

No. CX-83-1624.

352 N.W.2d 85 (1984)

STATE of Minnesota, CITY OF FALCON HEIGHTS, Respondent, v. Ronald Raymond PAZDERSKI, Appellant.

Court of Appeals of Minnesota.

July 24, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Jerome P. Filla, White Bear Lake, for respondent.

James Ostgard, St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

RANDALL, Judge.

Ronald Pazderski appeals his conviction under Minn.Stat. § 169.121, subd. 1 (Supp. 1983) for being in physical control of a motor vehicle while under the influence of alcohol. He contends that he was not in physical control of a vehicle when he was found sleeping in the front seat of his parked car in his driveway with the keys out of the ignition. We reverse.

FACTS

Appellant lived with his girlfriend in Falcon...

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