STATE v. VORACEK

No. C1-83-2046.

353 N.W.2d 219 (1984)

STATE of Minnesota, Respondent, v. John George VORACEK, Appellant.

Court of Appeals of Minnesota.

August 21, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., John T. Goff, Asst. Rice County Atty., Faribault, for respondent.

Thomas M. Neuville, Northfield, for appellant.

Considered and decided by POPOVICH, C.J., and PARKER, and CRIPPEN, JJ., with oral argument waived.


OPINION

PARKER, Judge.

Appellant John Voracek appeals his D.W.I. conviction under Minn. Stat. § 169.121, subd. 1(d) (1982). On appeal he challenges certain evidentiary rulings of the trial court and argues that he cannot be convicted of an offense that he was not charged with committing. We reverse.

FACTS

Appellant was stopped by a State Patrol trooper because his windshield was partially obstructed with snow. The trooper had appellant...

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